Richard Arthur James Crawford v New Zealand Police

In the High Court of New Zealand Timaru Registry

Judgment of Nicholas Davidson J

Introduction

[1] This appeal is concerned with the admissibility of evidence obtained by the Police by a simple but effective investigatory “trick”. It led to the appellant confessing that he had anonymously ordered a Domino’s pizza order without paying, sent to an unwitting and unwilling recipient, who had already been upset by fictitious and anonymous orders directed to her address.1

[2] The “trick” involved use of a “telecommunications device” to send an email text from the Police computer to the appellant’s cell phone which induced his reply, giving his address. The email text probably constituted an offence in itself, the same offence on which the appellant was convicted in the District Court, as it involved a fictitious representation.

[3] In the District Court, and now on appeal, the issue is whether the confession the Police elicited from Mr Crawford was admissible, given the investigatory trick.

Full Decision.pdf

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