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

Police v J (11 October 2002) YC, Napier, Perkins DCJ

Name: Police v J
Unreported
File number:
Date: 11 October 2002
Court: Youth Court
Location: Napier
Judge: Perkins DCJ
CYPFA:
Charge: Sexual Violation - Rape
Key Title: Evidence

Summary: J (15) charged indictably with sexual violation by rape of his half-sister, then 7 years old; charge denied; Youth Court jurisdiction offered and accepted pursuant to s275 CYPFA. No forensic evidence given; evidence not gathered till 2 months after alleged incident; dysfunctional family; long transcript of evidence from video interview with complainant in judgment. Judge agonised over the fact that a young child had clearly been molested but held that the charge of sexual violation by rape against J could not be sustained; the Court was not prepared to find an attempt or a lesser charge.

Decision: J found not guilty and discharged.