New Zealand Law/System/R v Shaheed (2002)
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R v Shaheed (2002)
- D not told entitled to consult lawyer.
- D told (incorrectly) that if he refused to give a blood sample, a court order would be obtained for one.
- The blood sample matched an open rape case (ie not the one for which he had been arrested).
- Court order then obtained.
Held Court of Appeal
- There is a balancing act between a breach of BORA and exclusion of evidence.
- There was a direct connection between the breach and the sample. The evidence would not have been obtained but for the unlawfully obtained sample.
- Sample therefore excluded.