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

Police v B (17 September 1992) YC, Papakura, CRN 2255011532, Harvey DCJ

Name: Police v B
Unreported
File number: CRN 2255011532
Date: 17 September 1992
Court: Youth Court
Location: Papakura
Judge: Harvey DCJ
CYPFA: s245
Charge: Assault
Key Title: Family Group Conferences - Timeframes/Limits; Youth Court Procedure; Prosecution

Summary: Basis upon which proceedings instituted: (1) s245 CYPFA and (2) abuse of process. (1) Section 245; provisions mandatory; pre-existing evidence of proposed charge; FGC held regarding one charge; proposed charge a different charge; different ingredients; section relates to laying information; no consultation; information dismissed. (2) Abuse of process: prosecution conduct must amount to an abuse of process of the Court and be oppressive or vexatious; alleged that abuse occurs if person indicates they will deny the charge and the prosecution indicates that if a denial is entered another charge will be laid; such a statement that such a course will be undertaken is unwise.

Decision: No compliance with s245 CYPFA, no jurisdiction to issue the information, Information dismissed.