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R v Te Kira - [1993] 3 NZLR 257

$30.00

Court of Appeal Wellington
16, 17 November 1992; 14 May 1993
Cooke P, Richardson, Casey, Hardie Boys, Thomas JJ
Criminal law — Evidence — Confession — Admissibility — Appellant charged with offence but not taken before a Court "as soon as possible" as required by s 23(3) of the New Zealand Bill of Rights Act 1990 - Appellant subsequently making statement admitting offence — Whether evidence of confession was admissible at trial — Whether prima facie rule of exclusion of evidence for breach of the New Zealand Bill of Rights Act applies to breaches of s 23(3) - Onus and standard of proof as to breaches of the New Zealand Bill of Rights Act and as to the admissibility of evidence obtained in consequence — New Zealand Bill of Rights Act 1990, s 23(3).

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