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

Police v McL (6 December 2002) YC, Porirua, CRN 2291017894, Callinicos DCJ

Name: Police v McL
Unreported
File number: CRN 2291017894
Date: 6 December 2002
Court: Youth Court
Location: Porirua
Judge: Callinicos DCJ
CYPFA: s5(f); s322
Charge: Breaking and Entering
Key Title: Delay

Summary: Application to dismiss Information pursuant to CYPFA, s322. McL (then 15) charged with breaking and entering on 10/2/02; charge denied; FGC held 3/7/02; McL appeared in Court on 11/11/02. CYPFA, s322; P v C (Undated, circa 1990, YC, Wellington, CRN 0285015569, Carruthers J) upheld; discretion of Judge to dismiss for delay is unfettered and the discretion must be applied in the light of the principle in s5(f) CYPFA. P v BRR (1994) 11 FRNZ 25 discussed; Police v DH [1995] NZFLR 473, where delays understandable due to nature of offence, distinguished. Held: Time between alleged offence and date of hearing unnecessarily or unduly protracted; as in P v C and Police v BRR no satisfactory reason why an Information could not have been laid immediately following the FGC; delays not due to complications within the investigation but due to independent and extraneous factors; UNCROC, CYPFA, s5(f) offended; proper case for application of discretion.

Decision: Information dismissed.