Admissibility of defendant's statement to police — Phillips v R [2017] NZHC 1511 — Denney v R [2017] NZCA 80 — R v Atonio [2009] NZCA 359 — Criminal Procedure Act 2011, s 101 — Evidence Act 2006, s 30. In this pretrial matter, the Crown applied to have the defendant's statement to police ruled admissible. The defendant objected to her statement being admitted on the grounds that she had not received her Bill of Rights caution and advice in a timely manner, and that she had not had the opportunity to review her formal notebook statement to police. Police had been called to an incident involving the defendant, and began to make inquiries. In response to an open question from one of the constables, the defendant had appeared to admit to drunk driving. The police then cautioned and advised her. The Court found that the police had delivered the caution and advice as soon as they had enough information to suspect she had committed an offence. Therefore the objection on the Bill of Rights grounds failed. The defendant had then given a police interview which the police had recorded in a notebook. A police practice note states that where interviews are taken by notebook, the defendant must be given the opportunity to review the written interview and either confirm the contents as accurate or to make any alterations that the defendant thinks fit. The defendant was not given this opportunity. The Court could find no good reason for why this breach occurred. The Court also found no good reason to admit the evidence under s 30 of the Evidence Act and ruled the evidence inadmissible. Judgment Date: 15 March 2018.