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11 Cards in this Set

  • Front
  • Back

First Issue

Is X's confession admissible as evidence?

Second Issue - s28

Is X's confession 'reliable'?

Conclude

This confession was/was not likely to have been reliably obtained

Third Issue - s29

Was X's confession influenced by oppression?

Fourth Issue - s30

Was X's confession unfairly obtained?

Fifth Issue - s30

If unfairly obtained, is exclusion proportionate to the breach?

Sixth Issue - s30

Was the confession obtained in breach of a right in the NZBORA?

Seventh Issue - s30

Was X "arrested" for the purposes of s23 BORA?

Eighth Issue - s30

Did police conduct breach X's right to consult and instruct a lawyer without delay and to be informed of that right?

Ninth Issue - s30

Did police conduct breach to X's right to silence?

Tenth Issue - s30

If in breach of BORA, is exclusion of the evidence proportionate to the impropriety?