Supreme Court of New Zealand Wellington
SC 25/2014; [2014] NZSC 199
25, 26 August; 23 December 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
SC 25/2014; [2014] NZSC 199
25, 26 August; 23 December 2014
Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ
Criminal practice and procedure — Mutual assistance — Search warrants — Warrant issued on incorrect form, deficient in identifying offences and country concerned — Warrant contained broad description of property to be seized — Whether defects of form or substance — Whether warrants general and invalid — Seizure of computers and similar devices — Whether conditions relating to sorting relevant from irrelevant material should have been imposed — Whether miscarriage of justice caused — Whether surrounding circumstances to be taken into account — Mutual Assistance in Criminal Matters Act 1966, s 44.
Criminal practice and procedure — Search warrants — Warrant issued on incorrect form and deficient in identifying offences and country concerned — Warrant contained broad description of property to be seized — Whether defects of form or substance — Whether warrants general and invalid — Seizure of computers and similar devices — Whether conditions relating to sorting relevant from irrelevant material should have been imposed — Whether miscarriage of justice caused — Whether surrounding circumstances to be taken into account — Observations on issues raised by searches of computers and similar devices — Mutual Assistance in Criminal Matters Act 1966, s 44.
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