R v Fatu - [1989] 3 NZLR 419

Criminal law — Evidence — Confession — Admissibility — Confession made by accused while in custody was obtained in breach of Judges' Rules after extensive cross-examination by police and after threat or inducement had been offered by police — Whether confession was inadmissible on grounds of unfairness — Whether confession was admissible as being likely to be an untrue admission of guilt — Observations as to desirability of legislation dealing with police power to detain and question suspects — Evidence Act 1908, s 20.

Criminal law — Practice and procedure — Second trial — Ruling on admissibility of evidence — At first trial after voir dire Judge ruled that accused's confession was admissible — At second trial accused raised same objection to admissibility — Whether Judge at second trial was bound by Judge's ruling at first trial.

Criminal law — Sentence — Manslaughter — Solicitor-General's appeal — Seven accused were convicted of manslaughter of man who died after prolonged and severe beating at gang headquarters and were sentenced to terms of imprisonment ranging from two to six years — Whether youth and personal circumstances of accused justified differentiating between sentences — Whether sentences were inadequate.