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Police v H [1998] DCR 834 (YC)

Case summary provided by LEXISNEXIS NZ

Name: Police v H
Reported: [1998] DCR 834
File number: CRN 822012788-89
Date: 18 August 1998
Court: Youth Court
Location: Hastings
Judge: von Dadelszen DCJ
Charge: Murder; Wounding with Intent to Cause Grievous Bodily Harm
CYPFA: s239
Key Title: Bail

LEXISNEXIS Summary:

Criminal procedure - Custody of young person pending hearing - 15-year-old charged with murder - Legal presumption as to granting of bail - Possibility of further offending - Place of residence - Ability of police to ensure bail conditions were observed - Children, Young Persons, and Their Families Act 1989, ss 238,239.

The young person, H, aged 15 years, was charged with one charge of murder and one charge of wounding with intent to cause grievous bodily harm. H was remanded for a pre depositions hearing. There was a legal presumption that a young person was to be granted bail. In submissions on H’s behalf it was proposed that H would reside with his uncle, D, at Porangahau. The police preferred that H reside at Hastings with his father. There was the possibility of further offending. The alleged offence was committed in the early hours of the morning and H was believed to have consumed alcohol. Due to police manning levels, police would have difficulty in ensuring that bail conditions would be observed if H was to reside at Porangahau.

Held (granting bail subject to conditions)

(1) The presumption that bail would be granted outweighed any community expectations that persons charged with a crime as serious as murder should be kept in custody pending hearing.

(2) The onus on the prosecution was to satisfy the Court, on the balance of probabilities, that a young person was likely to abscond or might commit further offences or be violent. (obiter)

Case referred to in judgment

I v Police (1991) 7 FRNZ 674

Application

This was an application for bail by a young person in the Youth Court.