district court logo

New Zealand Police v I B [2017] NZYC 48

Published 12 December 2017

Oral judgment as to reasons — failure to convene Family Group Conference within statutory time limit — whether charges should be withdrawn or dismissed — Children Young Persons and their Families Act 1989, s 249 (21) — Criminal Procedure Act 2011, ss 146 & 147 — H v Police — Police v V — Police v DS [2016] NZYC 444 — Police v S (2004) 20 CRNZ 1046 — M v Police (2008) 26 FRNZ 982. The young person was charged with aggravated robbery and unlawfully getting into a vehicle. A Family Group Conference was not convened within the mandatory 21 day time limit and counsel for the young person applied to have the charges dismissed. The police opposed the application and sought leave to have the charges withdrawn. The court examined relevant judgments and found there was no persuasive principle that the court could only dismiss the charges, finding instead that the question of whether to grant leave for withdrawal of charges or to dismiss them was a fact dependant question which required close examination of the all of the circumstances of the case. The court considered that circumstances in this case included: the reason for non-compliance with the time frame; whether those reasons justified a punitive approach; and the public interest. Taken into account was: the seriousness of the charges; the age of the young person; the strength of the case; the young person's significant criminal history; and the interests of the victim. The court found that there was no need to make an example of the police or to punish them by dismissing the charges; leave was granted to withdraw the charges. Judgment Date: 12 January 2017. * * * Note: Names have been changed to comply with legal requirements * * *

Tags