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Police v P W [1999] NZFLR 190; (1998) 17 FRNZ 340

Case summary provided by BROOKERS

Name: Police v P W
Reported: [1999] NZFLR 190; (1998) 17 FRNZ 340
File number: CRN 8248016224
Date: 23 July 1998
Court: Youth Court
Location: Otahuhu
Judge: Carruthers DCJ
Charge: Possessing Cannabis for Supply
CYPFA: s277
Key Title: Adult co-offenders; Jointly charged with adult

BROOKERS Summary:

Youth justice - Joint charge - Whether a young person could be prejudiced by police failure to follow procedure set under s 277(2) Children, Young Persons, and Their Families Act 1989.

Youth justice - Joint charge - Severance.

The defendant, a young person, was jointly charged with several adults with possessing cannabis for supply. The information against the defendant was laid summarily in the Youth Court, despite the joint charge, because of his youth. This did not strictly follow the procedure set out in s 277(2) Children, Young Persons, and Their Families Act 1989. The youth advocate therefore argued that the defendant would suffer unfair prejudice if the matter simply proceeded.

The Judge also called for submissions on whether the Court had the power to direct that the defendant be dealt with separately, notwithstanding the police election to lay the informations jointly.

Held, dismissing the application and ordering a separate trial in the Youth Court:

(1) Failure to comply with the procedural requirements of s 277 was not fatal. It was likely that the defendant would be in exactly the same position (facing a summary trial in the Youth Court) even if the procedure had been properly followed. (p 342, line 5)

(2) In deciding to proceed separately and on a summary basis for the young person, the police had themselves precluded the possibility of a joint trial and dictated the necessary severance. Therefore, there was no prejudice to the defendant. (p 342, line 30)

Cases referred to

Police v Nolan [1997] DCR 495

Application

This was an application by a young person that charges against him be dismissed on the grounds of procedural irregularity leading to unfair prejudice.