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

Police v RR , 18 June 2007, Youth Court, Tauranga, CRI-2007-070-000037, Judge Harding

Name: Police v RR
Unreported
File number: CRI-2007-070-000037
Court: Youth Court
Location: Tauranga
Date: 18 June 2007
Judge: Judge Harding
Charge: Burglary
CYPFA: s214
Key title: Arrest without warrant

Case Summary:
RR, a YP (16) faced two charges of burglary.
RR was arrested without warrant following the arrival of a Police Constable at the scene of the burglary. On the evidence it was clear RR was involved in the burglary. Evidence was given against RR by his co-offenders who had all pleaded guilty and had been dealt with.
The Police Constable gave evidence that he had arrested RR to remove him and to avoid the destruction of evidence at the scene.
Counsel for RR submitted that there was no basis for the arrest, that there was no invitation to accompany and the arrest was fictional and improper, and therefore the information was improper and should be dismissed.

Decision:
Finding the charges proved beyond reasonable doubt against RR.
By the time the Police arrived at the scene, some but not all property had been returned. As nobody had left the property, it was reasonable to assume and conclude that evidence relating to the offence was still there, therefore the Constable’s desire to protect the scene was justifiable.
While it would have been better to ask RR to accompany, the arrest was not a fiction and the charges were proved beyond reasonable doubt.
RR was remanded on the present terms of bail.
Directions for a FGC.