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Langi v Police (23 July 2004) HC, Wellington, CRI-2004-485-104, France J

Name: Langi v Police
Unreported
File number: CRI-2004-485-104
Date: 23 July 2004
Court: High Court
Location: Wellington
Judge: France J
CYPFA:
Charge: GBH; Burglary; Escaping Lawful Custody
Key Title: Bail; Youth Court procedure

Summary: Appeal against refusal to grant bail. Appellant questioned the applicability of section 10 of the Bail Act 2000 when the "conviction" in question was a decision of the Youth Court that a charge was found proved. Noting authority for the proposition that such orders do not amount to convictions (Timo v Police [1996] 1 NZLR 103 and Taualupe v Police (Wellington High Court, CRI-2004-485-38, 29 March 2004, Neazor J), France J agreed with the appellant that as the orders in question had since been cancelled in the Youth Court, no order, whether amounting to a conviction or not, was in existence. Bail Act 2000 s15(1) and Criminal Justice Act 1985 applied.

France J refused bail due to three occasions of offending while on bail, two occasions of breaching bail conditions and due to the nature of L’s earlier offending. Also relevant was the fact that the current charges were serious and involved violence. Strict conditions could not alleviate the risk of offending while on bail.

Decision: Appeal dismissed.