R v Chetty - [2018] 1 NZLR 26

Criminal practice and procedure — Police questioning — Whether amounted to impermissible cross-examination — Meaning of cross-examination in context — Switching off of video-recorder after interview but before informing suspect would be charged — Suspect making further statement then repeating it for video-recorder — Whether further statement obtained unfairly — Whether breaches of Practice Note significant — Whether balancing favoured exclusion of evidence — Chief Justice’s Practice Note, rr 3 and 5.

Evidence — Confessions — Whether police questioning amounted to impermissible cross-examination — Meaning of cross-examination in context — Switching off of video-recorder after interview but before informing suspect would be charged — Suspect making further statement then repeating it for video-recorder — Whether further statement obtained unfairly — Whether breaches of Practice Note significant — Whether balancing favoured exclusion of evidence — Chief Justice’s Practice Note, rr 3 and 5.