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Toloa v R (28 February 1992) HC, Auckland, R. 62/92, Williams J
Name: Toloa v R
Unreported
File number: R. 62/92
Date: 28 February 1992
Court: High Court
Location: Auckland
Judge: Williams J
Charge: Murder
CYPFA:
Key Title: Bail
Summary: T (16) charged with murder; no admission made; now appealing against DC refusal to grant bail. HC granted bail as (1) T had voluntarily surrendered to Police, (2) other offenders were involved besides the appellant (3) T young with no previous convictions. Stable relatives able to supervise T.
Age limit in Crimes Amd Act (No. 2) 1991 (now repealed) which required the Court to take into account the need to protect the public in relation to violent offenders was 17. Thus the CYPFA approach was not altered by the 1991 amendment.
Decision: Bail granted with strict conditions.
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