Daniel Brian Thomas Barrie v The Queen - SC 88/2012

Summary

Criminal Appeal – New Zealand Bill of Rights Act 1990, s 23(1)(b) – Right to consult and instruct a lawyer without delay and to be informed of that right – Whether the Court of Appeal erred in excluding foreign lawyers from those who may be consulted by a detainee under s 23(1)(b) of the New Zealand Bill of Rights Act 1990 in the drink/drive context – Whether the Court of Appeal erred in finding that a failure by Police to explain that there is no right to consult a foreign lawyer will not constitute a failure to facilitate the right to counsel provided the opportunity to consult and instruct a New Zealand lawyer had been afforded.[2012] NZCA 485    CA 849/2011

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