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

Brown v The Attorney-General & District Court at Kaikohe [1993] BCL 1782 Fisher J

Name: Brown v Attorney-General & District Court at Kaikohe
Reported: [1993] BCL 1782
File number: M 21/93
Date: 8 September 1993
Court: High Court
Location: Whangarei
Judge: Fisher J
CYPFA:
Charge: Sexual Violation - Rape
Key Title: Evidence; Youth Court Procedure

Summary: Application for judicial review regarding the circumstances in which sexual complainants should be required to give oral evidence at preliminary hearings under s185C of the Summary Proceedings Act 1957. Defendant charged with sexual violation by rape; remanded for a preliminary hearing; applied for an order pursuant to s185C(b)(ii) Summary Proceedings Act that the complainant’s evidence be given orally and that she be made available for cross-examination; application declined. Applicant alleges that Judge’s decision was vitiated by error of law in that he misapplied the discretion conferred upon him under s185C of the Summary Proceedings Act. Summary of manner in which discretion under s185C should be exercised outlined: W v Attorney-General; P v District Court at Wellington (1992) 8 CRNZ 427 (CA).

Decision: No error of law. No special circumstances exist to require complainant to give evidence. Application declined.