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R v Toko (1991) FRNZ 447 (HC)

Case summary provided by BROOKERS

Name: R v Toko
Reported: (1991) 7 FRNZ 447
File number: T1/91
Date: 9 April 1991
Court: High Court
Location: Auckland
Judge: Sinclair J
Charge: Grievous Bodily Harm
CYPFA: s215; s218; s221; s224
Key Title: Evidence; Admissibility of Statements; Rights; Reasonable Compliance
Brooker’s summary:

Children and young persons - Evidence - Admissibility - Young person not informed of rights before questioned by police - Evidence inadmissible - Children, Young Persons, and Their Families Act 1989, ss 215(1)(b), 218, 221, 224.

The accused, a young person, was charged with causing grievous bodily harm to H. The oral and written statements made by him to the police were challenged as inadmissible in that the interviewing officer did not advise the accused of his rights under s 215(1)(b) Children, Young Persons, and Their Families Act 1989.

Held, ruling the statements inadmissible:

As there was absolutely no attempt at all by the officer to warn the accused of his rights before he was taken from his home and questioned, it does not seem that the reasonable compliance clause can be resorted to. In all the circumstances, s 215(1)(b) has not been complied with and, applying s 221 of the Act, both the oral and written statements become inadmissible.

Obiter, "on a perusal of this legislation, it is an absolute minefield. How any serving police officer could be expected to remember, in the heat of an inquiry and in the circumstances which existed here, all the matters required to be remembered under s 215, let alone how they should be dealt with at various times, places the officer in an impossible situation."