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

Police v H (23 December 1998) YC, Hamilton, Brown DCJ

Name: Police v H
Unreported
File number:
Date: 23 December 1998
Court: Youth Court
Location: Hamilton
Judge: Brown DCJ
CYPFA: s214
Charge: Robbery, Theft
Key Title: Arrest without warrant

Summary: Application to dismiss Information on basis that arrest unlawful. H (16) and others threatened and robbed complainants who were eating sweets at bus stop; H taken home by Police; no interview as H’s father not in agreement; H arrested; Police believed arrest necessary to prevent loss and destruction of evidence relating to offence (CYPFA s214(1)(a)(iii)). Held: Police officer did have reasonable grounds to believe arrest necessary to prevent loss or destruction of evidence; should apply the standard in the CYPFA and the standard should "be applied sensibly with as broad a sense of the realities of the situation as the Court can muster".

Decision: Application dismissed.