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

Police v B (31 October 2001) YC, Te Awamutu, MA 88/01, Brown DCJ

Name: Police v B
Unreported
File number: MA 88/01
Date: 31 October 2001
Court: Youth Court
Location: Te Awamutu
Judge: Brown DCJ
CYPFA: s4(f); s5(f), s322
Charge:
Key Title: Delay

Summary: B (15.5 yrs) appeared in Youth Court on 9 Informations; 5 laid outside 6 month time limit and thus dismissed (Summary Proceedings Act 1957, s14); whether remaining Informations should be dismissed pursuant to s322 CYPFA. Offences committed between 17.12.00 and 1.2.01, FGC scheduled for 24.4.01; all Informations laid on 9.7.01. No undue delay; unrealistic where there is alleged repeat offending to place unreasonable emphasis on the date of the first offending; s4(f), s5(f) CYPFA. In Police v C (Youth Court, Wellington, CRN 0285015569, Judge Carruthers) 3 month delay between offending and FGC "not exceptional". FGC did not take place as young person had operation to remove tumour; defendant and family did not attend further FGC on 4.7.01. No dismissal of charges; legal process which rewards illness other than in exceptional circumstances strikes a wrong balance quite apart from potential for abuse; delay of 2.5 months to accommodate illness is not unduly delaying proceedings.

Decision: Informations not dismissed.