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Police v B M (1993) 11 FRNZ 29 (YC)

Case summary provided by BROOKERS

Name: Police v B M
Reported: (1993) 11 FRNZ 29
File number: CRN3278004391
Date: 11 August 1993
Court: Youth Court
Location: Upper Hutt
Judge: Carruthers DCJ
Charge: Breaking and Entering with Intent to Commit a Crime
CYPFA: s245; s247; s250; s251
Key Title: Family Group Conference - Held/Convened
Brooker’s summary:

Children and young persons - Family group conference - Whether convened in accordance with requirements of Act - Family group conference not convened because young person cannot be contacted and it was known he would deny the charge - Policy behind requirement that conference be convened prior to issue of summons - Keeping young people out of Court - Summons improperly issued - Children, Young Persons, and Their Families Act 1989, ss 245, 247, 250, 251; Crimes Act 1961, s 241(a).

The defendant young person faced a charge issued against him by way of summons alleging that he did break and enter a house with intent to commit a crime. Under s 245 Children, Young Persons, and Their Families Act 1989, a family group conference must be convened before the information can be laid. Although a conference was shown on record to have been held with the defendant present, the real position was that the youth justice coordinator had failed to contact the defendant and, on visiting his house, was told by the defendant's parents that he intended to deny the charges. The youth justice coordinator decided then that it was pointless to hold a family group conference in the usual way. The issue here was whether in those circumstances a family group conference could be said to have been properly convened in compliance with s 247 so that the summons was validly issued.

Held,

(1) The convening of the family group conference, in the circumstances here, did not comply with the provisions of the Act which, amongst other things, entitles the defendant and the victim the right to attend the conference.

(2) The principle that the Act requires the convening of a family group conference in accordance with the Act prior to a summons being issued is an important one as it may be as a result of the conference that the matter does not go to Court. The Act is a diversionary one aimed at keeping young people out of Court if that course has the agreement of informants, victims, and others who are affected. To deny this opportunity occurring in the proper way is to deny this young person, however much he might be deserving of a quick and efficient hearing in the Court, an opportunity of having this dealt with by facing those involved in a family group conference as contemplated by the Act.

(3) Accordingly, the summons was improperly issued and the matter cannot properly proceed. Leave is allowed to have the information withdrawn.[(1993) 11 FRNZ 29, 30]

Application

This was an application to dismiss a summons issued against a young person on the ground that a family group conference was not convened as required by s 245 Children, Young Persons, and Their Families Act 1989.

The facts appear from the judgment.