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Timo v Police [1996] 1 NZLR 103 (HC)

Case summary provided by LEXISNEXIS NZ

Name: Timo v Police
Reported: [1996] 1 NZLR 103
File number:
Date: 8 August 1995
Court: High Court
Location: Christchurch
Judge: Williamson J
Charge: Aggravated Robbery
CYPF no: s283(o)
Key Title: Bail; Conviction and transfer to District Court; Conviction and transfer to the District Court for sentence - s283(o)

LEXISNEXIS NZ Summary:

Criminal law - Bail - Appeal against refusal of bail in District Court - Youth Court previously finding unrelated charge against accused proved - Whether finding of Youth Court a conviction for specified offence under s 318(6) of Crimes Act 1961 - Whether accused having burden of proof in application for bail - Crimes Act 1961, s 318(6) - Children, Young Persons, and Their Families Act 1989, s 283(o) - Summary Proceedings Act 1957, ss 2, 68(1) and 70(1).

The appellant (T) was refused bail on serious charges in the District Court. On T's appeal to the High Court, the Crown argued that in applying for bail T bore the burden of proving he would not reoffend as he had previously been convicted for a specified offence under s 318(6) of the Crimes Act 1961, namely a charge of aggravated robbery "found proved" against him in the Youth Court. The issue was whether the Youth Court's finding was a conviction. The Crown did not oppose bail if s 318 did not apply.

Held: Unless a Youth Court specifically entered a conviction under s 283(o) of the Children, Young Persons, and Their Families Act 1989, a finding that a charge was proved was not a conviction within s 318(6) of the Crimes Act 1961 since (a) the 1989 Act referred to a charge being proved rather than that the young person had been convicted; (b) ss 2, 68(1) and 70(1) of the Summary Proceedings Act 1957 were excluded from the 1989 Act; and (c) it was unnecessary to deem Youth Court findings to be convictions for the purpose of a rehearing application under s 75 of the 1957 Act if they were in fact convictions. Accordingly, s 318 of the 1961 Act did not apply and bail would be granted subject to conditions (see p 104 line 51, p 105 line 13).

Kohere v Police (1994) 11 CRNZ 442 followed.

Appeal allowed.

Other case mentioned in judgment

Christie v Police (High Court, Gisborne, M 20/95, 26 May 1995, Barker J).

Appeal

This was an appeal against refusal of bail.