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

R v Semmens (27 January 2005) DC, Gisborne, CRN 2004-216-65, Judge Gittos DCJ

Name: R v Semmens
Unreported:
File number: CRN 2004-216-65
Court: District Court
Location: Gisborne
Date: 27 January 2005
Judge: Gittos DCJ
Charge: Indecent Assault; Sexual Violation
CYPFA: s213
Key title: Youth Court procedure

Summary: Whether admissions previously made in the YC may be admitted into evidence in relation to later offending. Semmens faced indictable charges of indecent assault and sexual violation. The Crown sought to lead evidence of three similar offences – two had been dealt with in the YC on the basis that they were not denied, and no formal prosecution had ensued concerning a further matter. Defence counsel argued that to allow this material could inhibit parties from taking the frank and pragmatic approach that characterises the YC. Judge Gittos found that s213 CYPFA, which states that evidence of warnings and formal Police cautions are inadmissible, implies that the statutory prohibition against leading similar fact evidence against young people is limited to that situation and does not extend to more grave circumstances where charges are laid and the matter proceeds to the YC, or where no charges are laid but a complaint is made. Judge Gittos approached the question of admissibility as he would in any other case and, given the similarity of the foregoing offences to the matter currently before the Court, admitted the evidence.