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R v RK [2016] NZYC 323

Published 10 November 2016

Reliability of young person’s statement — Evidence Act 2006, s 28 — aggravated robbery. The young person’s statement was ruled inadmissible, falling short of the test for reliability in s 28(2). The young person was charged with aggravated robbery allegedly together with two offenders who had plead guilty and been sentenced in the District Court. There were significant differences between the evidence of the young person and that of the victim, a text message about “taking the rap” for other individuals, and breaches of the young person’s rights during the interview process. At issue in this case was the extent to which the Court can take into account significant inconsistencies in the young person's account of the matter and the prosecution evidence. Also, what part does the truthfulness of the confession play in assessing reliability as a threshold issue for the Judge under s 28(2). If the Court is satisfied that on the balance of probabilities the circumstance in which the statement is made is likely to have adversely affected its reliability, then the statement must be excluded. In the circumstances where there were significant discrepancies, viewed in the context of the young person's background and circumstances the Court was not not satisfied on the balance of probabilities that the circumstances in which this statement was made were not likely to have adversely affected its reliability. Judgment Date: 30 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *

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