Court of Appeal Wellington
19 September; 25 October 1991
Cooke P, Gault and Holland JJ
19 September; 25 October 1991
Cooke P, Gault and Holland JJ
Criminal law — Evidence — Confession — Admissibility — While in de facto custody of police accused confessed to crime and located weapons and clothing before being advised of his right to consult a lawyer pursuant to New Zealand Bill of Rights Act — Whether de facto custody amounted to arrest for purposes of the Act — Whether confession was unfairly obtained — Whether confession was admissible — Whether evidence of locating weapons and clothing was admissible — Observations as to whether the Act is confined to lawful arrests — Observations as to duty of police officer to advise accused of rights when officer's safety is threatened — New Zealand Bill of Rights Act 1990, s 23.
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