Ronald Gerald Clark v The Queen - SC 50/2006
Summary
Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test. CA 479/05 12 June 2006
Result
Application for leave to appeal dismissed.
26 September 2006
26 September 2006
Related Documents
Court of Appeal decision — The Queen v Clark [2006] NZCA 123 (12 June 2006)
Leave judgment - leave dismissed — CLARK V R SC 50/2006 [26 September 2006] (PDF 16 KB)