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

R v Corston (11 November 1991) DC, Wanganui, T9/91, Laing DCJ

Name: R v Corston
Unreported
File number: T9/91
Date: 11 November 1991
Court: District Court
Location: Wanganui
Judge: Laing DCJ
CYPFA: s210
Charge: False Accounting; Theft by Failing to Account
Key Title: Rights; Evidence

Summary: Theft of money from incorporated society; 3 YPs admitted taking money; all 3 dealt with by diversion; YPs to give evidence in relation to trial of adult relative accused of involvement. Whether YPs need a warning in respect of self-incrimination; Crown argues that a warning is discretionary and there must be a reasonable ground on the part of the witnesses for the witnesses to apprehend danger before they can refuse to answer questions. YPs had received a CYPFA s210 warning; question raised as to whether a YP who has been so warned could plead autrefois convict; view of the Court that such a plea would not be available. A number of complicating factors including that as the YPs are not adults their status must be examined with greater caution and leaning towards their interests; uncertainties as to procedures previously followed. Court notes that while the prosecution may indicate it would not initiate criminal proceedings, a private prosecution is possible.

Decision: Formal warning against self-incrimination to be given to each YP unless further factors are put before the court.