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

R v Wikitoa (28 May 1999) HC, Rotorua, T990342, Nicholson J

Name: R v Wikitoa
Unreported
File Number: T990342
Date: 28 May 1999
Court: High Court
Location: Rotorua
Judge: Nicholson J
Charge: Aggravated Robbery
CYPFA: s221; s222; s229
Key Title: Admissibility of statements; Nominated person

Summary: Unsuccessful challenge to admissibility of statement made by W; admissibility of statement challenged on grounds that: (1) it was in breach of s221 CYPFA as person nominated by W to be present, namely his parents, not present and the Police took no reasonable steps to contact them to ensure their presence; (2) nominated person who did attend was unsuitable; (3) nominated person failed to fulfil the role required by s222(4) CYPFA; (4) Police failed to notify the parents as required by s229(1)(b) CYPFA and this amounted to unfairness so as to make the statement inadmissible; conflicting evidence. Held: (1) Evidence of nominated person and Police accepted; Police acted reasonably; evidence as to availability of W’s mother at home not accepted; (2) Nominated person, an experienced Youth Aid Officer, was a suitable person; (3) steps required under s222(4) were taken; (4) context in which steps taken was basically fair. Law proceeds on assumption that the nominated adult must take a proactive role and ensure the accused is aware of their rights before and during questioning; ensure young person not disadvantaged because of their youth; not sufficient for the nominated person simply to monitor the procedure.

Decision: Statement admissible.