Police v Kidwell - [1989] 3 NZLR 594

Criminal law — Practice and procedure — Voir dire at summary trial — Admissibility of confession — Defendant was convicted by District Court Judge who admitted disputed evidence of a confession by defendant — Defendant appealed and raised issue of whether Judge should have held a voir dire to determine admissibility although in District Court it was not made clear that voir dire was sought — Whether voir dire was permissible in summary trial to determine admissibility of evidence — Whether Judge should have held a voir dire — Whether a miscarriage of justice had occurred.