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Pomare v Police (12 March 2002) HC, Whangarei, AP 8/02, Harrison J
Name: Pomare v Police
Unreported
File number: AP 8/02
Date: 12 March 2002
Court: High Court
Location: Whangarei
Judge: Harrison J
CYPFA: s214, s245
Charge: Disorderly Conduct
Key Title: Arrest without warrant
Summary: Appeal against decision of District Court Judge sitting in Youth Court; DCJ dismissed charge of resisting arrest as s214(1) CYPFA grounds not made out; DCJ found that P unlawfully arrested; Police had no lawful right to bring the appeal to trial through the arrest procedure in s214(1); thus must rely on s245(1); Police failed to take any of the three conjunctive steps mandated by s245(1); compliance with all three steps essential prerequisite to laying a lawful information. Information laid by Police therefore invalid and Youth Court had no jurisdiction to determine the information. Held: Appeal determined on basis of s245 though argument not addressed in District Court.
Decision: Appeal allowed.
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