Underwood v R - [2017] 2 NZLR 433

Evidence — Admissibility — Improperly obtained evidence — Search warrant improperly issued — Absence of bad faith — “Seriousness of the offence with which the defendant is charged” — Whether sentence in excess of four years’ imprisonment a suitable criterion — Evidence Act 2006, s 30(3)(d).

Evidence — Admissibility — Improperly obtained evidence — Search warrant improperly issued — Absence of bad faith — “Seriousness of the offence with which the defendant is charged” — Factors relevant to assessment of “seriousness” — Evidence Act 2006, s 30(3)(d).

Evidence — Admissibility — Improperly obtained evidence — Search warrant improperly issued — Absence of bad faith — “Seriousness of the offence with which the defendant is charged” — Relevance of penalty to “seriousness” — Evidence Act 2006, s 30(3)(d).