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

Police v W (23 July 1998) YC, Otahuhu, CRN 824 8016224, Carruthers DCJ

Name: Police v W
Unreported
File number: CRN 824 8016224
Date: 23 July 1998
Court: Youth Court
Location: Otahuhu
Judge: Carruthers DCJ, Principal Youth Court Judge (1996 - 2001)
CYPFA: s277
Charge: Possessing Cannabis for Supply
Key Title: Youth Court Procedure; Adult co-offenders; Jointly charged with adult

Summary: Whether non-compliance with s277 CYPFA results in a nullity or merely an irregularity; W jointly charged with adults with having in his possession cannabis plants for supply; charges denied; charges against W laid summarily in Youth Court; charges against adults laid indictably in District Court; s277(2) CYPFA procedures not followed. W argued charges should be dismissed as will suffer unfair prejudice if matter proceeds; Summary Proceedings Act 1957, s204, CYPFA s440; Police v Nolan [1997] DCR 495, 498-499. Held: s277 has the purpose of administrative expediency (illustrated by the provisions of sub-sections (4) and (5)) and this, along with the expansive language of s440 and its purpose of saving proceedings from unmeritorious challenge, adds weight to the conclusion that non-compliance with s277 is not fatal. W would be in the same position if the correct procedure had been followed; no prejudice to W through the irregularities in this case.

Court also considered whether it could direct that, notwithstanding Police election to lay matters jointly, it had the power to direct matters proceed separately. Here no possibility of a joint trial as young person dealt with summarily and adults dealt with indictably and this dictated the necessity of severance.

Decision: Separate trial in YC for young person.