R v Dally - [1990] 2 NZLR 184

Criminal law — Evidence — Confession — Admissibility — Breaches of Judges' Rules — Accused made statements to police over a series of interviews when inducements were offered and during most of which he was not cautioned and during part of which he was cross-examined — Notes taken at the time or subsequently were not read to or signed by accused — One interview lasted over five hours — Whether, once accused has established a case for unfairness, the burden then rests on the Crown to negate unfairness to exclusion of reasonable doubt — Whether inadmissible confessional evidence is rendered admissible by subsequently discovered facts — Whether facts discovered as a result of improper police conduct are admissible — Whether certain evidence should be excluded on basis of unfairness — Whether certain evidence should be excluded on basis of inducements or other form of compulsion — Observations as to whether cross-examination of suspect is necessarily objectionable — Observation as to test to be applied to decide whether a person has acted as a "person in authority" — Judges' Rules 1912, rules (3), (7) and (9) — Evidence Act 1908, s 20.