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

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.