R v Walters - [1989] 2 NZLR 33

Criminal law — Evidence — Admissibility — Out-of-Court statement to police — Accused apprehended in England and made a statement to the English police after being warned that he did not have to say anything — Police had refused to allow the accused to attempt to get in touch with a solicitor until after the interview — Whether there was any unfairness in way in which the statement was obtained — Whether the statement was admissible.

Criminal law — Practice and procedure — Trial — Functions of Judge and jury — Statements of co-conspirators — Judge rules as a preliminary question that there was enough independent evidence of the individual accused's participation in the conspiracy to justify the admission of co-conspirators' statements — Whether the Judge should have directed the jury to consider the sufficiency of the independent evidence as a preliminary issue.