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R v Stockdale - [1995] 2 NZLR 129

$30.00

Court of Appeal Wellington
2, 27 March 1995
Cooke P, Casey and Heron JJ
Evidence — Admissibility — Search and seizure — Whether unreasonable — Search of person remanded in custody — Prison authorities supplying evidence to police — Heroin found in condoms in bowel motions passed during remand in prison — Prisoner had earlier undergone period of detention but had not produced any evidence — Whether provision of the evidence to the police was reasonable — Misuse of Drugs Amendment Act 1978, ss 13A to M — New Zealand Bill of Rights Act 1990, s 21 — Penal Institutions Act 1954, s 45 — Penal Institutions Regulations 1961 (SR 1961/161), reg 69(1).
Law enforcement — Enforcement agencies — Penal institution — Search of person remanded in custody — Prison authorities supplying evidence to police — Heroin found in condoms in bowel motions passed during remand in prison — Whether prison authorities had carried out surveillance for legitimate prisoner safety reasons — Penal Institutions Act 1954, s 45 — Penal Institutions Regulations 1961 (SR 1961/161), reg 69(1).

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