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R v BY [2019] NZYC 33

Published 13 June 2019

Judge Alone trial — robbery — party to offending — proof beyond reasonable doubt — circumstantial evidence — Oranga Tamariki Act 1989 — Crimes Act 1961, s 66. Two young people, BY and CY, and an adult, AQ, faced trial as to whether they were guilty of robbing a man. A group of males hit the victim, took his keys and wallet and the group drove away in his car. Another young person had already admitted his part in the offending. The Judge found no problem establishing CY and AQ were guilty of the offending, based on witness testimony, evidence presented by police and their own DVD interviews. It was more difficult to establish whether BY was involved in the offending, as there was only circumstantial evidence linking her to the robbery. BY had not been involved in physically hitting or taking the victim's property but she had established he was home, invited herself over, which made him unlock his doors, and planned the taking of the car with the group of males. She had said to a witness that she wanted to steal a car that night and had got into the victim's car following the taking of his keys. The Judge found that BY assisted the robbery by ensuring the victim's doors were unlocked, or that she was part of the common purpose to steal the victim's car. She was also found guilty of the offending. Judgment Date: 23 January 2019. * * * Note: Names have been changed to comply with legal requirements * * *

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