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

Police v W (12 June 2002) YC, Auckland, CRN 2204003018; CRN 2204003364, Thorburn DCJ

Name: Police v W
Unreported
File number: CRN 2204003018; CRN 2204003364
Date: 12 June 2002
Court: Youth Court
Location: Auckland
Judge: Thorburn DCJ
CYPFA: s4(f), s5, s208
Charge: Wounding with Intent to cause GBH
Key Title: Objects, Principles; Youth Court Procedure

Summary: Charge summarily laid of injuring with intent to cause grievous bodily harm; Police later sought to withdraw original charge and proceed with purely indictable charge of wounding with intent to cause grievous bodily harm. Police reasoned they were not aware of the seriousness of the injury until after the initial Information was laid. A stay of proceedings was sought on the basis of abuse of process in that, without warning, less than one week before the scheduled fixture date, the more serious charge was laid. The Court held that the last minute unilateral decision made by the Police was patently unfair to W sufficient to sustain an order for stay for abuse of process; discussion of objects and principles of Act; s4(f); s5(c); s5(e) CYPFA. The informant had completely marginalised the objects and principles of the CYPFA in respect to the uniqueness of the statutory scheme for juvenile offenders; s208 CYPFA. There is no assumption that laying the purely indictable charge will inevitably result in the matter being taken out of the Youth Court jurisdiction; s283 still a possibility; no disadvantage to the informant in terms of venue for jurisdiction; more recent medical evidence not relevant.

Decision: Order for permanent stay of proceedings against W on purely indictable charge of wounding with intent to cause grievous bodily harm.