Court of Appeal Wellington
6, 16 December 1988
Richardson, Bisson and Barker JJ
6, 16 December 1988
Richardson, Bisson and Barker JJ
Criminal law — Evidence — Admissibility — Appeal against pre-trial ruling — Evidence was obtained by search, without a warrant, of accused's vehicle — Whether police office conducting search must act on information within his own knowledge or whether he may also use information gleaned from other officers — Whether police officer must have grounds for believing offence has been committed rather than a mere suspicion of an offence — Whether evidence of an offence had been illegally obtained — Whether, even if evidence of an offence had been illegally obtained, it was unfair to accused to admit the evidence — Misuse of Drugs Acts 1975, ss 6 and 18.
Criminal law — Practice and procedure — Industrial ruling as to admissibility of evidence — Appeal before trial — Observations as to desirability of postponing trial pending outcome of appeal on pre-trial ruling as to admissibility of evidence — Crimes Act 1961, s 344A.
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