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R v M [1993] NZAR 327 (HC)

Case summary provided by BROOKERS

Name: R v M
Reported: [1993] NZAR 327
File number:
Date: 11 May 1993
Court: High Court
Location: Nelson
Judge: Greig J
Charge: Sexual Violation - Rape
CYPFA:
Key Title: Youth Advocates Costs
Brooker’s summary:

Review of refusal of legal aid - Young person aged over 16 living with parents - Statement of means disclosing modest disposable income – Whether inequitable to take into account parents’ means – Inclusion of farm property owned by company - Application of underlying policy of Legal Services Act 1991 - Legal Services Act 1991, ss 7(1), 10, 29, 31, 31(2), 31(3), 31(4), 32.

The applicant, aged 17 years, was charged with rape and elected trial by jury in the High Court. An application was made under the Legal Services Act 1991 for a grant of criminal legal aid. The applicant was then aged over 16 years and working but living at home with his parents. Notwithstanding that the total disposable assets and income of the applicant and his parents was returned as some $12,000 per annum the grant of aid was refused by the Registrar, the Registrar including as an asset the parents’ farm property, owned by a family company of which the parents were the shareholders. It was submitted, inter alia, that it was inequitable that the parents’ income and assets be considered, and that it was not in the interests of justice that legal aid be refused.

Held (dismissing the application)

While it was inaccurate to say that the means of the parents were deemed to be the means of an applicant aged over 16 years, in this case the Registrar had a discretion to exercise pursuant to s 31(4) of the Legal Services Act 1991 in respect of the means of the applicant, resources of his parents and their amalgamation. That discretion had been exercised by the Registrar in the correct expectation that the farm property and business were, in effect, owned by the applicant’s parents. It was the plain policy of the Legal Services Act 1991 that where a young person was living at home with his parents and they were of sufficient means their means may be taken into account in deciding whether legal aid should be granted. The applicant’s parents had considerable assets in value and in accordance with the underlying policy of the Act it would be wrong to grant criminal legal aid in the circumstances.

Application

For review of the Registrar’s decision to refuse to direct that criminal legal aid be granted to the applicant.