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Police v McA (7 September 2001) YC, Upper Hutt, 127800, Mill DCJ
Name: Police v McA
Unreported
File number: 127800
Date: 7 September 2001
Court: Youth Court
Location: Upper Hutt
Judge: Mill DCJ
CYPFA: s5(f), s322
Charge: Sexual Violation - Rape
Key Title: Delay
Summary: McA charged with sexual violation by rape, denied offence; McA arrested but no grounds for arrest; police understaffed leading to delays; time from commission of alleged offence to first hearing was nine months and 18 days; case not complex; evidence of health problems and stress for family members and behaviour problems with McA as a result of the delays. Two step enquiry: BGTD v Youth Court at Rotorua (HC, Rotorua, 15 March 2000, M119/99); need for balancing of individual rights against public interest. Held: Despite severe limitations the detective had in being able to fulfil his obligations to his caseload, the time between the date of commission of alleged offence and the hearing had been unnecessarily protracted.
Decision: Informations dismissed.
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