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

R v Rahmon (3 March 2004) DC, Tauranga, DCT 86/03, Harding DCJ

Name: R v Rahmon
Unreported
File Number: DCT 86/03
Date: 3 March 2004
Court: District Court
Location: Tauranga
Judge: Harding DCJ
Charge: Fraud
CYPFA:
Key Title: Evidence; Youth Court procedure

Summary: Application for leave to cross-examine witness to credit based on charges previously proved or admitted in the Youth Court and District Court; accused has an extensive list of previous convictions, including using a document for pecuniary advantage, credit by fraud and theft, in total 20 convictions for documentary dishonesty; criminal record also provides details of Youth Court matters; Judge considers whether it is appropriate to look at Youth Court matters; concludes that the Youth Court is not a Court of criminal record and given that Youth Court matters that are proved are not convictions, s12 Evidence Act cannot provide a basis for permitting cross-examination as to credit; however s13 permits cross-examination of a witness on a matter affecting the credit of a witness – Court therefore has to decide whether or not the witness should be compelled to answer. Held: that there is no statutory prohibition to cross-examination on such matters and that it is permissible for there to be cross-examination as to credit based on Youth Court records, despite the fact that they are not convictions and that the Youth Court is not formally a Court of criminal record.

Decision: It is permissible for there to be cross-examination as to credit based on Youth Court records, despite the fact that they are not convictions and that the Youth Court is not formally a Court of criminal record.