ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR PARTICULARS IDENTIFYING APPELLANT. NOT TO BE PUBLISHED IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.
IN THE COURT OF APPEAL OF NEW ZEALAND
CA318/07 [2007] NZCA 401
THE QUEEN
v
Z (CA318/07)
Hearing: 27 August 2007
Court: Robertson, Wild and Fogarty JJ
Counsel: D R La Hood and K Laurenson for Crown
J J Corby for Respondent
Judgment: 10 September 2007 at 12 pm
JUDGMENT OF THE COURT
A
Leave to appeal is granted and the appeal is allowed.
B
An order is made that the interview and the reconstruction are admissible at trial. evidence of the
R V Z (CA318/07) CA CA318/07 10 September 2007
COrder prohibiting publication of name, address or particulars identifying appellant.
DJudgment not to be published in news media or on internet or other publicly accessible database until final disposition of trial. Publication in
law report or law digest permitted.
REASONS OF THE COURT
(Given by Robertson J)
Introduction
[1] The Crown seeks leave to appeal against part of a pre-trial ruling of
Baragwanath J delivered in the High Court at Auckland on 22 June 2007.
[2] The issue is the admissibility of both a video statement of the respondent to the police on 4 April 2006 and his reconstruction interview with the police a little later on the same day.
[3] Baragwanath J held they were inadmissible because the Crown had not shown that “Z comprehended the real substance of the likely allegations against him at the point of either the initial interview or the renactment”.
[4] The Crown submits that the Judge erred in fact and law in holding that Z did not have a true appreciation because he was not sufficiently aware of the jeopardy he faced resulting in a breach of s 23(1)(b) of the New Zealand Bill of Rights Act (BORA) and of s 215(1)(f) of the Children, Young Persons, and Their Families Act
1989 (CYPFA).
Background
[5] Z, who was 14 years of age at the time, was with a group of young males (the others being between 17 and 20) who attacked a Mr Martin in the early hours of the morning of 2 April 2006 at a reserve in Glen Innes.
[6] The Crown case is that Z’s co-accused assaulted the victim, knocking him unconscious and struck and kicked him while he was lying on the ground. It is alleged that Z kicked Mr Martin once in the back of the head while he was on the ground in what has been described as a “soccer style kick”. Mr Martin was left lying unconscious in the rain bleeding heavily from head wounds and with laboured breathing. He was on life support until he died four days later.
[7] At 8 am on 4 April 2006, four police officers went to Z’s home. He answered the door, called his parents and they invited the police…
Continue reading R v Z (CA318/07)
Sign in free to access the full text
- AGLC
- R v Z (CA318/07) [2007] NZCA 401
- Case
- [2007] NZCA 401
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the totality of the evidence called by the Crown established that Z knew the gravity and seriousness of the matter about which he was to be interviewed. Z knew that it was likely that Mr Martin could die, and that Mr Martin's condition was a result of the beating he had suffered at the hands of Z and his co-accused. The Court was satisfied that Z had the requisite knowledge to make an informed decision about whether to speak to a lawyer. The absence of perfection in the police approach was not the test; the question was whether, in all the circumstances, the Crown had established that Z knew enough to make an informed decision. The assessment was not of what the police said, but of what the suspect knew. Z clearly knew what had occurred and its full ramifications. He knew the real substance of the likely allegations against him.
The Court of Appeal allowed the appeal and made an order that the interview and the evidence of the reconstruction were admissible at trial. The Court declined to adjudicate upon the issue of whether Z was told he could obtain free legal advice, as this point had not been properly addressed in the High Court.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.