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

Police v S (30 September 2004) YC, Auckland, CRN 4204003278 Callander DCJ

Name: Police v S
Unreported
File number: CRN 4204003278
Date: 30 September 2004
Court: Youth Court
Location: Auckland
Judge: Callander DCJ
Charge: Aggravated Robbery
CYPF Act: s221, s222
Key Title:  Admissibility of statements; Nominated Person

Summary: S admitted motor vehicle offences and involvement in street robberies. Challenge made to admissibility of videotaped statements of confession as (1) confession unfairly obtained as S states he was earlier told if he admitted his offending he would not be charged with any offence; (2) nominated person did not properly carry out his duties. Held: (1) Confession not unfairly obtained and video statement admissible (2) Nominated person fulfilled his duties as per s222. Miller J in R v A (High Court, Auckland, 23 June 2004) pointed out the nominated person process involved balancing the need to protect young people and effective law enforcement; nominated person not a lawyer - legislation envisages that parents may take the role - but rather to assist in making mature judgements; see also R v K (2002) CA 216/02; R v S (1997) 15 CRNZ 214.

Decision: Confession not unfairly obtained and video statement admissible. Nominated person fulfilled duties as per s221 and s222.