Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v S & R & M (4 July 1990) YC, Wellington, CRN 9078003995 & ors, Brown DCJ

Name: Police v S & R & M
Unreported
File number: CRN 9078003995; CRN 9078003996; CRN 9278004028
Date: 4 July 1990
Court: Youth Court
Location: Wellington
Judge: Brown DCJ, Principal Youth Court Judge
Charge: Aggravated Robbery
CYPFA:
Key Title: Prosecution; Youth Court Procedure

Summary: Three persons jointly charged with aggravated robbery; youngest a young person; Youth Court jurisdiction offered/accepted by young person; decision made to hear all three cases in Youth Court. Crown indicated that it did not intend to call evidence; asked for the matters to be withdrawn by leave. Two defence counsel initially argued (although one later resiled from this position) that the proceedings should not be allowed to be withdrawn and that if no evidence was adduced the correct procedure was to dismiss the proceedings as opposed to a dismissal for want of prosecution. Judge saw some merit in this argument as offence had occurred more than one year before and depositions hearings had been held so inappropriate to allow withdrawal by leave.

Decision: On each charge, as Crown not in a position to call evidence, matters dismissed for want of prosecution.