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

Police v R 8 June 2007, Youth Court, Lower Hutt, CRI-2006-232-000163, Judge John Walker

Name: Police v R
Unreported
File number: CRI-2006-232-000163
Court: Youth Court
Location: Lower Hutt
Date: 8 June 2007
Judge: Judge John Walker
Charge: sexual violation by unlawful sexual connection
CYPFA:
Key title: Consent
Case Summary:
R aged 14 at time of offending. Two representative charges, and one specific charge of unlawful sexual connection with 8 yr old playmate.

Crown failed to prove that offending relating to representative charges happened after the R turned 14. R admitted specific charge.

Considered R v Cox in the CA re informed consent. Victim admitted mutuality, agreement, and reciprocation. Judge said that, given victim’s age, it was “inarguable” that victim could have consented.

As to whether evidence showed that R did not have reasonable grounds for his belief that the victim had consented, Court referred to L v R [2006] NZSR 18, and R v Clark [1992] 1 NZLR 147, which held that the adequacy of the grounds for a belief in consent must be judged objectively. Clark also noted that previous legislative provision had been recently replaced with this new test. Court also referred to R v P [1993] 10 CRNZ 250 which held that mental impairment was irrelevant to assessing belief on reasonable grounds. Judge attracted to argument based on relevance of age of criminal responsibility.

Judge concluded that victim’s age meant that R had no reasonable grounds to believe that victim consented.

Decision:
Specific sexual violation charge proved. Representative ch