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Court of Appeal Wellington
12 July; 26 August 1976
Richmond P, Woodhouse and Cooke JJ
12 July; 26 August 1976
Richmond P, Woodhouse and Cooke JJ
Criminal law — Admissibility of evidence — Evidence if relevant admissible notwithstanding that it had been obtained without the accused being cautioned or informed as to his rights.
Practice — Appeal to Court of Appeal — Leave to appeal - "Other reasons" - Admissibility of medical evidence obtained by clinical examination of accused who had not been cautioned — Ground for granting leave — Summary Proceedings Act 1957, s 144(3).
Administrative law — Judicial duties — Normally inappropriate for judicial officer to control executive officers in their decision as to initiating prosecutions.