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Report No. 94

Chapter 5

Position in Australia and New Zealand

5.1. General rule in Australia and New Zealand.-

Broadly speaking, in Australia, it is accepted that the judge has the power, in the public interest, to exclude evidence which has been improperly obtained.1-2

It appears that this is also the position in New Zealand.3

1. Gifford and Gifford Our Legal System, (1981), p. 80.

2. For cases upto 1950 see Elliot Johnston The Exclusionary Rule and Controls Over the Abuse of Public Power, (1950-54) Aust LJ 466.

3. R. v. Lee, (1978) 1 NZLR 481 (486, 487).

(Supreme Court of N.Z., per Chilwell, J.) cited by Gifford and Gifford Our Legal System (1981), p. 80.

Evidence Obtained Illegally or Improperly - Proposed Section 166a of the Indian Evidence Act, 1872 Back

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