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Police v JAF, 20 June 2007, Youth Court, Nelson, CRI 2006-242-118, Judge Zohrab

Name: Police v JAF, KCH
Unreported
File number: CRI-2006-242-118
Court: Youth Court
Location: Nelson
Date: 20 June 2007
Judge: Judge Zohrab
Charge: Arson, Burglary

Key title: Joint offenders

Case Summary:
Two YP JAF and KCH and co accused, C an adult, (17) were charged with arson, a purely indictable charge and burglary, the latter being laid summarily with a trial elected on that mater by both JAF and KCH. C lit fires in a residential property accompanied by JAF and KCH. A depositions hearing was conducted on 30 January 2007 and a prima facie case was established. Both YP elected not to plead guilty and where offered and elected to remain in the YC. C was dealt with in the trial jurisdiction.
Consideration of s66(1) of the Crimes Act 1961 in terms of ‘aiding’ and ‘abetting’. The young person need not know the precise details of the crime to be carried out, but must know the essential facts of what is going to happen.
Evidence was heard from MJD, a young person who went with JAF and KCH to the address where the fires were lit. The Judge considered MJD’s account of the involvement of JAF and KCH to be accurate and true.

Decision
Arson Charge: The arson charges against JAK and KCH under s276(1)(b) and s66(1) of the Crimes Act 1961 were found proven.
Burglary: Burglary charges pursuant to s231(1)(a) and s66(1) of the Crimes Act 1961 against KCH and JAF were dismissed as those charges could not be substantiated.