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

Police v H & I & W (14 May 2002) YC, Rotorua, CRN 1263016868 & ors, Maclean DCJ

Name Police v H & I & W
Unreported
File Number: CRN 1263016868, 1263016874, 1263016875, 1263016876, 1063016877
Date: 14 May 2002
Court: District Court
Location: Rotorua
Judge: Maclean DCJ
Charge: Aggravated Robbery
CYPFA: s208, s215
Key Title Admissibility of statements; Questioning by Police; Reasonable compliance

Summary: Two of the three offenders were young people aged 14 and 15 at the time of the attack; the YP challenged the admissibility of evidence before the Court; questions of compliance with the relevant provisions of CYPFA arose; Police used roadside "dock" style identification of accused; Court excludes roadside identification from evidence due to vulnerability of young persons and the need for special protection during the investigative stage as to the commission or possible commission of an offence; second query about validity of admissions and confessions of one accused inculpating another; Court asks whether accused were made aware of their rights under CYPFA and finds no "reasonable compliance" with requirements under CYPFA; Judge concludes that due to several breaches of CYPFA admissions should be excluded.

Decision: Evidence excluded