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

R v P & G (25 June 1998) YC, Invercargill, T 981064, Macdonald DCJ

Name: R v P & G
Unreported
File number: T 981064
Date: 25 June 1998
Court: Youth Court
Location: Invercargill
Judge: Macdonald DCJ
CYPFA: s221, s222
Charge: Burglary, Arson
Key Title: Admissibility of statements; Nominated person; Evidence

Summary: Defendant challenged admissibility of videotaped interview on grounds of non-compliance with s221 and s222 CYPFA. Defendant charged with burglary and arson; advised of her rights, father unavailable to be nominated person; fire officer acted as nominated person but played a passive role; nominated person to give active support before and during the interview: Lord v R (3 December 1997) HC, Wanganui, Gallen J; should talk privately with the accused whether or not they want this opportunity - it should be imposed upon them. Held: Nominated person should have discussed situation with defendant; explained his role; videotaped interview thus inadmissible. Defendant in house when fire lit; found in possession of property from the house thus s347 Crimes Act 1961 application refused.

Decision: Videotaped interview inadmissible; s347 Crimes Act application refused.