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13 Cards in this Set
- Front
- Back
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R v PK |
Facts: harm child - 16yr old partner of mother 'tired, confused, exhausted', 5hrs sleep
Ratio: EXCLUDED right to silence undermined when request to postpone interview ignored. Breach of PN 1. Young. |
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R v Hawea |
Facts: 19 - assault - cautioned correctly 2x, but not told of right to layer. Called 'cowardly' and 'dick-head'.
Ratio: NOT EXCLUDED intimidating or belittling conduct falls well short of oppression |
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R v Wilson |
Facts: Old woman. black enclosed room - 5.5hrs - unresponsive but police continued - maori officer
Ratio: EXCLUDED - grounds of oppression 1. Physical character of whole process 2. prolonged interrogation in small, hot room 3. Pressure to answer questions 4. Cross-examination |
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R v Beazley |
Facts: gang murder. Boots at scene - arrest on unrelated charge - cautioned after 4hrs - cross-e.
Ratio: EXCLUDED - breach of rules = unfairness 1. Arrest on one charge, questioned on another 2. Cross examination prolonged - PN 3 3. Questions put unsupported by evidence 4. Boots not shown till 4hrs of questions - PN 4 |
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R v Admore |
Facts: drive by - no caution - cross-examination
Ratio: NOT EXCLUDED element of unfairness - but not unfair due to nature of accused (gang) and seriousness of crime Cooke J = 'dangerous outlaws...kid gloves' |
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R v Fatu |
Facts: gang killing - induced confession (promise to lessen charge) - solitary confinement week - some 12-13hrs with cross-e. Fatu confessed
Consider: would an innocent confess? held that inducement unlikely to make untrue
Ratio: NOT EXCLUDED tactics not OK - mitigate some by brutal killing and lying suspects - Gang members, impropriety did not make untrue confession |
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R v Hennessey |
Facts: bottle throwing
Ratio: EXCLUDED - maintain control over police procedure police mislead about eyewitnesses and CCTV 1. Duplicitous means - deliberate (PN 4) - did induce 2. Serious offence but other eyewitness available 3. Cannot tolerate confessions obtained by improper means - exclusion proportionate to impropriety |
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R v Follas |
Facts: encouraged to run over youth - 19 - voluntarily went to station - told rights Ratio: EXCLUDED - proportionate 1. Cross - examination/leading questions 2. confrontational style 3. no urgency 4. significant breach 5. serious charge - other evidence available |
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R v Kirifi |
Facts: set fire to car - escaped cuffed twice - cautioned not lawyer - police argued that didn't have to as not formal arrest
Ratio: EXCLUDED formal arrest not necessary for rights to set in - physical/words or arrest acquiescence ok |
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R v Butcher |
Facts: pleaded guilty to robbery in HC - appealed, not given right to lawyer. Asked, no lawyers available at 2am - "talk to me or go to other side"
Ratio: EXCLUDED - actions/words implied not free to go (Cooke P) Obiter: Psychological arrest Cooke P = if you believe you're not free to go - arrest Majority = belief not enough - police words or conduct
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R v Narayan |
Facts: F-in-law, D-in-law. Told 'we'll have to go to station', 'questions will have to be answered' (silence, lawyer, PN 1), Fijian, 28hrs no food, little water
Ratio: EXCLUDED - words implied not free to go police acted in good faith but language, alien country, ordeal made rights of 'special value' |
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R v Mallinson |
Facts: cautioned 1hr after arrest, right to consult lawyer - no 'without delay'
Ratio: NOT EXCLUDED 1. Omission of without delay not fatal 2. Confer understood rights - not impaired (drugs etc) 3. No obligation to explain until wants to exercise that right |
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R v Schriek |
Facts: murder of 'street kid' - McKay 17, asked about lawyer - 'don't have a lawyer' - confesses
Ratio: EXCLUDED not sufficient understanding of right for 17yr old - open whether Police should explain legal aid scheme in all cases |
