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

New Zealand Police v EH (5 July 2007, Youth, Whakatane, CRI 2007-287-22 Judge Rollo

Name: Police v EH
Unreported:
File number: CRI-2006-291-207
Court: Youth Court
Location: Whakatane
Date: 5 July 2007
Judge: Judge Rollo
Charge: Assault, Demanding with menace
CYPFA: s322
Key title: Delay
Case Summary:
Unsuccessful application by the defendant, EH, a young person aged 16 years and three months at the time of the alleged offences to dismiss the charges pursuant to s322 of CYPFA due to undue delay.

Facts:
EH was charged with aggravated robbery, together with RM. The victims were three boys, SN, DD and MD. The complainant in the present case was DD. RM was dealt with on the lesser charge of robbery. A charge of aggravated robbery against EH was withdrawn on 15 June 2007. The current charges were laid on 9 March 2007. A further charge was laid on 25 May 2007 that “together with RM, EH had robbed SN of a skateboard.” That charge was withdrawn on the same day. On 15 June 2007 an assault charge was laid and withdrawn against EH. Counsel for EH submitted that the circumstances had brought about personal prejudice to EH as he has had to live with a charge of aggravated robbery hanging over his head from December 2006 to 15 June 2007.

The aggravated robbery charge, first laid on 21 December 2006, was remanded by a Community Magistrate to 10 January 2007. On that day EH’s bail conditions were varied and the matter was further remanded without plea until 26 January 2007. EH was remanded to 9 Febnuary 2007. On 9 February 2007 the matter was remanded to 23 February 2007, EH’s presence excused, as there were ongoing discussions between the Police and the Youth Advocate which required more time to resolve. On 23 February the presiding judge remanded until 9 March 2007, noting the discrepancy between the admission by RM to robbery that day, and the continuation by the Police of the aggravated robbery charge against EH. On 9 March 2007 the current two charges were laid and all three charges were then remanded on bail to 23 March 2007. On March 23 2007 the aggravated a robbery charge was denied. EH’s bail was varied and he was remanded to 25 May 2007.

The fixture for 23 or 25 March was vacated due to no Courtroom and no Judge. The case was recalled on 25 May 2007 when the charge of robbery was laid and withdrawn. On 15 June 2007 the aggravated robbery charge was withdrawn. On the night before the 15 June hearing the Police told a defence witness that he was stood down and counsel for the defendant was not informed of this until the time of the proposed hearing. That hearing was aborted due to lack of time.

HELD:
1. While there was some apprehension regarding the matter, that apprehension was not to such an extent to exercise discretion under s322 CYPFA to dismiss the informations.
2. Part of the delay was due to the Christmas period and also by the request by counsel for EH and the Police to discuss issues in the case.
3. This had not been an unnecessarily, or unduly protracted case, and the delays had not adversely affected EH’s right to a fair hearing because of the presumed prejudice
4. Application declined.