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

I v Police (1991) 7 FRNZ 674 (HC)

Case summary provided by BROOKERS

Name: I v Police
Reported: (1991) 7 FRNZ 674
File number: M131/91
Date: 23 May 1991
Court: High Court
Location: Hamilton
Judge: Doogue J
Charge: Murder; Aggravated Robbery
CYPFA: s243; s438
Key Title: Bail; Media Reporting
Brooker’s summary:

Youth Justice - Name suppression - Young person charged with murder and aggravated robbery - Applications for bail and for suppression of name - Principles of and criteria for granting bail - Emphasis of law in favour of bail - Justice demands name suppression while applicant on bail - Children, Young Persons, and Their Families Act 1989, ss 243, 438(3)(a); Criminal Justice Act 1985, ss 140, 142; New Zealand Bill of Rights Act 1990, s 24.

The 15-year-old applicant was charged with murder and aggravated robbery. He was committed to this Court for trial. He now applies for bail. Associated with that is an application for continued suppression of his name under s 438 Children, Young Persons, and Their Families Act 1989 (on the basis that the committal to this Court was part of the proceedings under the 1989 Act), or alternatively, under s 140 Criminal Justice Act 1955.

Held, granting the application:

(1) (Listing the criteria commonly considered on bail applications) there is no suggestion in the case of any basis for refusing bail. In those circumstances, when due regard is given to the emphasis of the law in favour of bail (ie s 24 New Zealand Bill of Rights Act 1990, s 142 Criminal Justice Act 1985, and relevant sections under the Children, Young Persons, and Their Families Act 1989), particularly of a young person, there is no basis for the refusal by this Court of bail.

(2) The provisions under the Children, Young Persons, and Their Families Act 1989 relating to rights of bail do not directly apply to the present case by virtue of s 243 of that Act.

(3) Once the young person has been committed to this Court for trial, the proceeding is no longer under the Children, Young Persons, and Their Families Act 1989. In any event, the bail application is not a proceeding under that Act. This Court has no power to grant bail directly under that Act, notwithstanding that it does have power to review any order which may have been made in respect of a young person in relation to custody or bail under that Act. That is not the case here. The application for suppression of name is thus to be dealt with under s 140 Criminal Justice Act 1985.

(4) In this case, where the co-accused's name is suppressed (notwithstanding that he has also been committed for trial), and the effect of the granted bail is that the applicant will be at school where there would be clear problems for the applicant, his mother, and for the school if the name of the applicant were published, justice demands, not only for the applicant vis-a-vis his co-accused, but in respect of the community at large, that his name should be suppressed so long as he is on bail.[(1991) 7 FRNZ 674, 675]

Application

This was an application by a young person charged with murder and aggravated robbery for bail and name suppression.

The facts appear from the judgment.