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

Police v WR (2 May 2005) YC, Rotorua, CRI 2005-265-57, Judge Geoghegan DCJ

Name: Police v WR
Unreported:
File number: CRI 2005-265-57
Court: Youth Court
Location: Rotorua
Date: 2 May 2005
Judge: Geoghegan DCJ
Charge: Possession of a Class C drug; Burglary (2); Receiving; Unlawfully Taking a Motor Vehicle
CYPFA: s249
Key title: Family Group Conferences – Timeframes/limits; Family Group Conferences – convened/held

Summary: WR charged with possession of a Class C drug, burglary (2), receiving, unlawfully taking a motor vehicle. WR’s advocate applied for an order to dismiss the charges because of a breach of the requirement to convene a FGC within the specific CYPFA timeframe. Police and YJC accept that there had been a breach; due to work pressures; WR had not been left to “wither on the vine”. Issue as to the effect of the breach and whether the Informations should be dismissed or whether some cause of action may be taken short of dismissal. Police v S (12 February 2004, Youth Court, Lower Hutt, Walker DCJ) followed; failure to convene an FGC has the effect that the Court cannot receive recommendations upon which it can rely in the final disposition of the case; s281B CYPFA not in existence to remedy situation where strict time limits not complied with. Court may take a disciplinary approach to register its concern at the breach or, in other situations, an approach short of dismissal may be appropriate, for example, enabling the prosecuting authority to seek leave to withdraw the Informations. Disciplinary approach inappropriate here as time limits usually observed in this Court and professionals within it working in co-operative manner. Any outcome must take account of victims and community interests, matter should be promptly re-layed to avoid contravening s5(f) CYPFA. Appropriate to invite the Police to seek leave to withdraw these Informations.

Decision: Leave granted and Informations are withdrawn by leave.