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H v Police (1989) 4 CRNZ 621 (HC)

Case summary supplied by BROOKERS

Name: H v POLICE
Reported: (1989) 4 CRNZ 621
File number: AP62/89
Date: 26 May 1989
Court: High Court
Location: Auckland
Judge: Anderson J
Charge: Burglary
CYPFA: s215; s221
Key title: Admissibility of statement; Nominated Person; Evidence; Rights

Brooker’s summary:

Evidence - Admissibility - Unfair treatment of 16-year-old - Interview without presence of parent or responsible adult - Necessity to observe principles of fairness.

The appellant aged 16 was charged with burglary and taken into custody. At the time he was suffering from a wound by a police dog. He was interviewed by a police officer who took no steps to ensure compliance with general instructions regarding such interviews.

Held, wider issues of general relevance are to be taken into account as well as the subjective aspects of the case. The possible consequences of admitting a confessional statement in these circumstances should have been taken into account. If a confessional statement is taken in such circumstances one fears that the rules directed to fair play are irrelevant.

Appeal

Appeal against conviction for burglary.

Appeal upheld, conviction quashed.