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New Zealand Police v NP (9 April 2008, Wanganui, CRI 2008-083-52) Judge Callinicos
Name: New Zealand Police v NP
Unreported:
File number: CRI: 2008-083-52
Court: Youth Court
Location: Wanganui
Date: 9 April 2008
Judge: Judge Callinicos
Charge: Unlawful taking of a motor vehicle
CYPFA: s238(1) (b), s239
Key title: Bail, Absconding
Background
NP, a young person was declined bail on 8 April and remanded into Police custody while bail conditions were formulated.
One charge of unlawfully taking a motor vehicle was laid against NP in the YC on 28 March 2008.
She was granted bail by a YC Judge, and 7 days later was arrested for breach of bail, namely, curfew.
On the appearance for breach of bail, NP provided excuses that were ‘fabrications in the extreme’ giving Judge Callinicos reason for concern that NP would abscond from the system.
Judge Callinicos was unaware at the 8 April 2008 hearing that there was also 17 intention to charge matters alleged to have occurred between 2nd October 2007 and 3rd April 2008.
On the day of the current hearing a further charge was laid in respect of a burglary committed on 7th April 2008.
Case Summary:
Judge Callinicos discussed the meaning of ‘likely to abscond’ in terms of s239 of the CYPFA, a prerequisite to custodial remands under s238(1)(d) & (e).
“ ‘Abscond’ has a different meaning from the Bail Act 2000, which is simply a consideration of whether there is a likelihood of failure to appear in Court. ‘Abscond’ means to run away secretly, especially to avoid prosecution or that a person is escaping from a system or leaving a place without permission. In terms of the Youth Justice system, absconding must be read meaning that a person is seeking to avoid fundamental ingredients of that system, whether that be FGC’s, whether it be compliance with a curfew, or whether it be non-association. Namely, it encompasses critical steps that the Youth Justice system puts in place to prevent the possibility of further offending. It is much wider than the Bail Act.”
Decision:
In deciding to grant bail, Judge Callinicos commented that he was assured by the Police, the Duty Solicitor for NP, by NP’s mother and NP’s social worker that NP had learnt a significant amount in the preceding 24 hours. This would be a final opportunity to prove the faith that others had in her.
Bail was granted to NP on the following conditions:
1. That she reside at a specified address.
2. She would have a 24-hour curfew. The only exception would be for the attendance at any programme or school approved by the Ministry of Social Development and the Police. NP’s mother would be expected to notify the Police if NP was ever late on her curfew.
3. She was not to associate in any way whatsoever with certain named associates. For the avoidance of doubt, this included texting, phoning, personal visits or writing.
4. She was not to consume alcohol.
5. She was to report to the local NZ Police each Saturday and Sunday between 5pm and 6pm.
A family group conference was directed on the latest charge against NP.
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