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

Police v T (25 August 1995) YC, Papakura, CR 5255004502/6648-50, Harvey DCJ

Name: Police v T
Unreported
File Number: CR 5255004502/6648-50
Date: 25 August 1995
Court: Youth Court
Location: Papakura
Judge: Harvey DCJ
Charge: Sexual Violation; Indecent Assault; Rape
CYPFA:
Key Title: Evidence

Summary: T (16) faced three charges of sexual violation and one of indecent assault; complainant 7 and 8 years old at the time of the alleged offences; complainant’s credibility and reliability assessed; applying Galbraith [1981] 2 All ER 1060 and the Practice Note of Lord Parker CJ in [1962] 1 All ER 448, approved in ACC v Jenkins [1981] 2 NZLR 363, 365 and Kimura (1981) 1 CRNZ 268, there was evidence a crime was committed and the evidence was not so weak or vague as to stop a jury, properly directed, convicting on that evidence; whether evidence satisfies Judge beyond a reasonable doubt. Evidence proved one charge of indecent assault and sexual violation.

Decision: Guilty on one charge of indecent assault and one charge of sexual violation.