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

R v PK, AP, PP & DH (3 July 2002) HC, Auckland, T 014047, Fisher J

Name: R v PK, AP, PP & DH
Reported:
File number: T 014047
Date: 3 July 2002
Court: High
Location: Auckland
Judge: Fisher
CYPFA: s272(3)
Charge: Murder; Aggravated Robbery; Attempted Aggravated Robbery; Theft
Key Title: Youth Court Procedure; Purely Indictable Procedure

Summary: Choy Trial Ruling No (3) relating to s345 Crimes Act 1961. Six of eight accused were YPs. Three of nine counts challenged on basis that they did not represent charges first laid in the Youth Court. Whether the inclusion of counts in the indictment that do not precisely reflect the Informations laid at the outset in the Youth Court permissible having regard to CYPFA, s272(3). YPs argued that they could not be charged with the new offences other than by laying an Information in the Youth Court (R v L, L and S, 5 June 1997, HC, Auckland, T1297, Paterson J) and that new counts disallowed by Crimes Act 1961, s345(1).

Held: For the YPs that s335 and s345 of the Crimes Act 1961 can only operate to the extent that it would be consistent with the language and purpose of s272(3) CYPFA. The phrase "charged with an offence" lends itself to a variety of interpretations. These include an interpretation that would permit the introduction of fresh counts that had no direct counterpart in the original Informations so long as the fresh counts arose from the same broad transaction and allege broadly the same culpable conduct on the accused’s part, as that which had been alleged in Informations filed in the Youth Court. This would not conflict with the legislative intention implicit in the CYPFA as the Youth Court exercises its discretion as to whether to offer Youth Court jurisdiction in the knowledge that the indictment may be changed in accordance with evidence given in the course of the trial.

Decision: Two counts stand; one count struck out.