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

R v K (17 July 2002) CA 216/02, McGrath, Robertson, Gendall JJ

Name: R v K
Unreported
File Number: CA 216/02
Date: 17 July 2002
Court: Court of Appeal
Location: Wellington
Judge: McGrath, Robertson, Gendall JJ
Charge: Murder
CYPFA: Part IV, s208, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226
Key Title: Evidence; Nominated person; Reasonable compliance; Duty to explain; Explanation of Rights

Summary: Appellant 12 years 4 months at time of trial; at issue was whether statements made by the appellant, in which he implicated himself in the alleged offending, were made in circumstances in which there was reasonable compliance with the protective regime of Part IV of the CYPFA; evidence was excluded on grounds that the Police breached their duties to the accused prior to the interview, including failing to advise the accused that he did not have to accompany Police to the station for an interview, that he could withdraw his consent to being interviewed at any time, that he could have a lawyer sit in on the interview, or could nominate a substitute for his father as a support person for the interview; Police had therefore failed to "reasonably" comply with the statutory scheme in Part IV of CYPFA.

Decision: Evidence excluded.