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

Police v C (21 December 2000) YC, Auckland, CRN 0204004234-36, Simpson DCJ

Name: Police v C
Unreported
File number: CRN 0204004234-36
Date: 21 December 2000
Court: Youth Court
Location: Auckland
Judge: Simpson DCJ
CYPFA: s249
Charge: Unlawfully Taking a Motor Vehicle and Possession of Instruments; Theft
Key Title: Family Group Conference – Timeframes/limits

Summary: C’s FGC delayed as Police provided insufficient details of victim’s address; whether time limit set out in s249(4)(b) CYPFA is a mandatory time limit. Section 249(2) creates a mandatory time limit and failure to convene within 21 days invalidates the FGC and therefore removes the jurisdiction of the Court to consider the Information before it: H v Police [1999] NZFLR 996, Smellie J. Held: No basis for distinguishing the decision in H v Police. Wording in s249(4)(b) and s249(2) sufficiently similar even though time periods for convening FGCs are different. Court satisfied that Youth Justice Co-ordinator not given adequate information and not able to give notice to the victim who was an entitled person. Repeated requests to the Police for further information failed to yield other details.

Decision: No jurisdiction; Informations dismissed