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Is Stranger A required by law to inform the police if Stranger A receives knowledge that Stranger B may be exposed to a real risk of:a) Having illegal substances put in her food if she is admitted to a public hospital which will negatively affect her neurological functioning and her psychological and physical sexual functioning; orb) Being injected with an illegal substance if she is admitted to a public hospital which will negatively affect her neurological, psychological and physical sexual functioning; orc) Having illegal substances put in her food and drink that she purchases from shops and public places which will negatively affect her physical sexual functioning and reproductive functioning.
Hi Chris,
Hi
I am not sure what the illegal substances that were used are. They were certainly not part of any legal hospital treatment plan. They had the type of effects which I have described.
You would have difficulty proving a crime if you do not know what the substance was. The police would not be interested unless you could identify this.
So, are you saying the Stranger A would be under an obligation to inform the police of the risks of those substances being injected / ingested IF Stranger A could prove the identity of the substances to the police.
No, I took a more basic approach, that unless there was evidence of administration of a specific illegal substance then nothing can be done, and therefore there is no obligation. The issue of whether someone must report a crime is however restricted to traffic offences where accidents must be reported. The Crimes Act and other criminal legislation does not require a bystander to report a crime. this is regarded as the duty of a good citizen but not a law.
So, there is no legislation that places a duty on Stranger A to inform the police of future / past administration of illegal substances, even if Stranger A could prove evidence of the administration. Is there any common law duty?
Crime in New Zealand is codified under the Crimes Act 1961 and there are no common law crimes in New Zealand. So failing to report a crime would have to be within this framework, but is not.
That's what I thought the case is in NZ. Is the situation in Australia analogous or different?
I am not familiar with Australian law in detail, but this may be the same-but I am unsure.
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer