Court of Appeal Wellington
20 June; 22 August 1988
Cooke P, McMullin and Bisson JJ
20 June; 22 August 1988
Cooke P, McMullin and Bisson JJ
Criminal law — Evidence — Admissibility — Confession — Accused was taken to the police station and questioned about the shooting of a man — He was not cautioned or arrested — During interview, accused made an incriminating statement — He was then cautioned, and a more detailed confession followed — Whether confession was inadmissible on the grounds of unfairness — Observations on the desirability of interviews with suspects or arrested persons being videotaped.
Criminal law — Sentence — Attempted murder — Accused shot and injured a rival gang member and was sentenced to 10 years imprisonment — His co-offender was sentenced to three years imprisonment — Whether 10 year sentence was so disparate as to require reduction on appeal.
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