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New Zealand Police v WBC (10 July 2007, Youth Court, Rotorua, CRI-2007-263-102) [Judge Geoghegan]

Name: Police v WBC
Unreported: unreported
File number: CRI-2007-263-102
Location: Rotorua
Date: 10 July 2007
Judge: Judge JP Geoghegan
Charge: Possession of an offensive weapon with intention to commit bodily injury, threatening to kill
CYPFA: s333 s238(1)(d), s239(1)(a) to (c) s101
Key title: Custody, Remand,
Case Summary:
Reconsideration of a decision pursuant to s238(1)(d) to remand WC, a young person. WC had entered a non-denial to the charges on 12 June 2007, and at the time had been remanded under s238(1)(d) of the CYPFA.

Following a letter dated 5 July from Dr John Newman, the clinical leader of Kids First Centre for Youth Health the Judge had concerns regarding WC’s fitness to plead. As a result Geoghegan J had directed a s333 report to address that issue and WC was remanded until 7 August pursuant to s238(1)(d).

WC’s social work supervision report had expressed concerns around resources in relation to 24 hour monitoring for WC. Counsel for WC submitted that the Judge reconsider in terms of s238(1)(d) and that there was no real basis for WC being remanded under s238(1)(d), and that the Chief Executive needed to take control pursuant to s101.

At the time of the alleged offence WC had been in care and supervision on a 24 hour basis and the incident occurred as a result of WC being assaulted.

Decision:
HELD:
1. Care and protection considerations should be put aside and the limitations imposed by s239 should be considered.
2. Section s238(1)(d) remands cannot be made unless the Court can be satisfied that WC is likely to abscond
s239(1)(a), or is likely to commit further offences s239(1)(b), or there is a danger of destruction of evidence or interference with witnesses s239(1)(c). As there was no evidence that any of those situations would occur, a s238(1)(d) remand was not justified.
3. WC was remanded at large to 7 August 2007 at 10:30 am with the same direction for a s333 report.