R v Wang

In the Court of Appeal of New Zealand, the appeal of Wang Yu Xi was heard and determined on 29 August 2007. The appellant, Wang, had been charged with the kidnapping and being an accessory after the fact to the murder of Biao Wan. Wang had challenged the admissibility of statements he made to the police on 18 and 19 April, prior to his arrest. The primary judge, Winkelmann J, ruled the statements admissible, save for Wang's signed acknowledgement of a written statement taken on 18-19 April, which was deemed inadmissible. Wang sought leave to appeal this ruling.

The appeal raised two main issues. First, whether Wang's statements were obtained in breach of s 23 of the New Zealand Bill of Rights Act 1990. Second, whether the evidence was obtained unfairly. The court found that Wang was not detained under any enactment at the relevant times, and thus s 23 of the Bill of Rights was not triggered. Consequently, the first issue was resolved in favour of the Crown. The court also found that the evidence was not unfairly obtained, as Wang participated voluntarily and was reminded of his rights multiple times.

In conclusion, the Court of Appeal granted leave to appeal but dismissed the appeal. The disputed evidence, including Wang's videotaped interviews and written statement, would be admissible at trial, subject to certain limitations on the admissibility of Wang's signed acknowledgement of the written statement. The court's ruling clarified the admissibility of the written statement, notebook entries, and a conversation in the watch-house, which remained inadmissible.