New Zealand Law/System/R v Shaheed (2002)

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R v Shaheed (2002)

  1. D not told entitled to consult lawyer.
  2. D told (incorrectly) that if he refused to give a blood sample, a court order would be obtained for one.
  3. The blood sample matched an open rape case (ie not the one for which he had been arrested).
  4. Court order then obtained.

Held Court of Appeal

  1. There is a balancing act between a breach of BORA and exclusion of evidence.
  2. There was a direct connection between the breach and the sample. The evidence would not have been obtained but for the unlawfully obtained sample.
  3. Sample therefore excluded.
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