Police v Macklin - [1989] 3 NZLR 600

Criminal law — Evidence — Confession — Admissibility — Deaf defendant — Defendant, who was severely and probably profoundly deaf, made confessional statement to police officer who had no experience of communicating with deaf people or by sign language — Whether statement was admissible.

Criminal law — Practice and procedure — Voir dire at summary trial — Admissibility of confession made by defendant who was severely and probably profoundly deaf was challenged during summary trial — Whether Judge should have conducted voir dire to test admissibility — Whether Judge might direct voir dire even if defence counsel did not request it.