Court of Appeal Wellington
13, 15 December 1989
Richardson, Casey and Hardie Boys JJ
13, 15 December 1989
Richardson, Casey and Hardie Boys JJ
Criminal law — Evidence — Confession — Admissibility — Confidential statement — Accused in custody, having been formally cautioned, offered to make disclosures to police "off the record" in the sense that police would write nothing down — Police agreed but after interview made notes of confession made by accused — Whether confession made by accused in confidence was absolutely protected — Whether the public interest in having the evidence disclosed outweighed the public interest in the preservation of confidences — Whether evidence of the confession was admissible.
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