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

Police v PA [1995] DCR 204

Name: Police v PA
Reported: [1995] DCR 2004
File number: CRN 4254009389-92
Date: 6 April 1995
Court: Youth Court
Location: Palmerston North
Judge: Toomey DCJ
CYPFA: s214, s245
Charge: Wounding with Intent to Cause GBH; Possession of an Offensive Weapon with Intent to Commit Bodily Injury; Party to Assault with a Weapon; Ill-treating an Animal
Key Title: Arrest without Warrant; Objects; Principles

Summary: H (14 at time of arrest) charged with wounding with intent to cause GBH; possession of an offensive weapon with intent to commit bodily injury; assault with a weapon and ill-treating an animal. Police Constable arrested H for obstructing Police during altercation involving several young people, one of whom attacked a Police officer with a baseball bat. Whether arrest in compliance with s214 and thus legal, if not, must comply with s245. Discussion of objects and principles of CYPFA: s4, s5, s208 CYPFA; consideration of s245; s214 and s245 are designed to ensure that the principles fixed in s208 are not overlooked or avoided, particularly s208(a) and s208(h); Police officer had no reasonable cause to suspect H had committed a purely indictable offence or that the arrest of the young person was required in the public interest (s214(2)), which in the context of s214 must refer to something more than the purposes set out in s214(1)(a). Where the validity of an arrest without warrant is challenged the prosecution must prove beyond reasonable doubt that the conditions contained in s214(a) and (b) have been satisfied: K v Police [1993] 11 FRNZ 335, 339. Held: provisions of s214 have not been complied with by the informant and alternative procedures to bring young person to Court pursuant to s245 not complied with either, thus, the Informations are invalid and must be dismissed.

Decision: Informations dismissed.