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

New Zealand Police v TF, 14 February 2007, Youth Court, Wellington, Judge Becroft

Name: New Zealand Police v TF
Unreported:
File number:
Court: Youth Court
Location: Wellington
Date: 14 February 2007
Judge: Becroft, Judge
Charge: Theft, aggravated robbery
CYPFA:
Key title: Bail
Case Summary:
Unsuccessful application by the defendant for bail.
The defendant, TF faced charges of theft, which may become aggravated robbery, and wounding with intent to cause grievous bodily harm. The police opposed bail. The grounds of opposition were that the two seriously violent incidents were alleged, the second being an unprovoked attack on another young man, now in hospital with a skull fracture and severe concussion. The defendant, it was alleged, punched him with a fist to the jaw and a co-offender stamped on his head. The evidence suggested that TF was involved with the Full Blooded Islander (FBI) gang. The FBI gang was said to be recruiting younger Pacific Island boys. The police feared that the influence by older men on TF meant that there was an unacceptable risk of violence if TF was released. Counsel for TF argued that TF should be released on bail. He was a 7th former at school, was actively involved in sport and school activities, his home life was stable and his family wished him to be present with a 24 hour curfew, save from school attendance. A family friend was willing to provide 12-hour supervision. TF had no prior history of offending.

Decision:
Held:
1. Due to the seriousness of the allegations, and the unknown outcome for the victim, and the risk of association with the FBI, it would have been wrong to grant bail.
2. The risks to the public were too great and bail would not be remotely appropriate.
3. Orders that TF be locked in a Youth Justice Residence for two weeks.