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

Police v HG [2004] DCR 685, (2004) 20 CRNZ 993 (YC)

Name: Police v HG
Reported: [2004] DCR 685, (2004) 20 CRNZ 993
File Number: CRN 4285005795
Date: 18 March 2004
Court: Youth Court
Location: Wellington
Judge: Walsh DCJ
Charge: Burglary
CYPFA: s214
Key Title: Arrest without warrant

Summary: Two issues before the Court: (1) whether a young person was arrested when a Police officer stopped, held and questioned him and (2) whether the arrest was lawful in terms of s214 CYPFA; (1) Judge Walsh examined what constituted arrest under CYPFA considering R v Goodwin (No 1) [1993] 2 NZLR 153; held that the Policeman’s actions, in particular restraining the young person by holding his arm, advising him he wished to discuss the burglary, cautioning him and giving him his rights, not advising him that he could leave at any time and did not have to go to the Police Station "cumulatively and effectively constituted an arrest on the basis formulated in R v Goodwin"; Judge then considered the ways that an arrest without warrant could be validated under s214 and concluded that there was no evidence that the arrest was necessary to prevent further offending under s214; (2) Judge Walsh held that if the s214 route was incorrectly pursued, the s245 alternative could then be followed (following Pomare v Police [1995] DCR 204) and held that, as the s214 procedure was not properly followed the Police had to rely on the alternative procedure available under s245 but, as they did not follow that procedure, the Information was invalid and must be dismissed.

Decision: Informations dismissed.