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

New Zealand Police v L (4 December 2006, Youth Court, Porirua, CRI –2006-291-207 Judge Becroft

Name: Police v L
Unreported:
File number: CRI-2006-291-207
Court: Youth Court
Location: Porirua
Date: 4 December 2006
Judge: Judge Becroft
Charge:
CYPFA: s283(1)(d)
Key title: Bail

Case Summary:

Successful application for bail by the defendant, L a young person (16), facing two charges, one of injuring with intent to cause grievous bodily harm and a second of aggravated robbery two days later, for which he was remanded under s283(1)(d) in a CYFS residence. Bail was opposed by the informant, Police on the grounds that the offences were serious and caused actual bodily harm in each case. The second offence was committed while the defendant was on bail for the first offence and in breach of a non-association bail condition. The defendant had previously appeared in the Youth Court, largely on property related matters. There was no previous offending while on bail or breach of bail conditions.
The informant submitted that the defendant had been known to roam the Canons Creek area with associates in the manner of a street gang. The informant claimed it was in the interests of public interest and safety that the defendant remained in custody.
Counsel for the defendant submitted that the evidence against the defendant was ‘thin’. The defendant strongly denied the charges, and if Youth Court jurisdiction was not offered, it would be over a year before the matter could be resolved before a jury trial. The defendant had an address available for him in Hawkes Bay and an offer of employment. There had been no previous offending in Hawkes Bay.

Decision:
Held; Granting bail. The decision was finely balanced. While there was some evidence of the defendant’s involvement, it was not strong, especially in respect of the aggravated robbery. On the other hand, the Courts need to be careful to ensure that street violence is not permitted to take place. The offending only took place in Porirua and the defendant has a stable environment and job offer in Hawkes Bay.
The Judge was influenced by the fact that there were insufficient residential beds in the country and too may young offenders in police cells as a result. Given these factors bail was granted by a very fine margin.

The Judge was informed of an assault charge against the defendant in Napier on 5 April 2006.
Conditions imposed: The defendant reside at a stated address. A curfew was imposed from 6pm to 5am, unless in the presence of Ms P. The defendant was ordered to present to the police when curfew checked and to appear at the front door. When released from police custody on 4 December 2006 to travel to the address. Not to consume alcohol. Non-association orders. Not to travel south of Hastings or North of Eskdale unless travelling to the Porirua Youth Court or to see a Youth Advocate.