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

Police v SF (11 July 2002) YC, Manukau, CRN 2292030608, Thorburn DCJ

Name: Police v SF
Unreported
File number: CRN 2292030608
Date: 11 July 2002
Court: Youth Court
Location: Manukau
Judge: Thorburn DCJ
CYPFA: s5(f); s322
Charge: Sexual violation
Key Title: Delay; Victims

Summary: SF (15) charged with sexual violation of a 6 year old; effectively a 6 month delay after matter handed to Police; Police argued other agencies had ensured victim was safe so not as urgent as other cases. Held: There is an unfettered discretion under s322 but this should be exercised with reality and common sense. Even if unnecessary or undue protraction exists, the discretion is still there because the wording is " ... a Youth Court Judge may ... dismiss ..." Section 5(f) not sole or primary determinant in respect of the application of s322 discretion; it is a particular directive that must be given the importance it deserves having regard to the statutory scheme. Here, delay avoidable and no adequate explanation given but serious victim issues. Where there are indictably laid charges, victims are entitled to be considered as important players and a Judge must not dismiss the charges without looking at the overall picture (Police v W, Pukekohe Youth Court, 19 August 2000, CRN 0257004700-2, Judge Boshier).

Decision: Delay not unnecessarily or unduly protracted.