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New Zealand Police v ZW [2017] NZYC 810

Published 18 September 2018

Application for dismissal of charges — delay — assault with intent to injure — intentional damage — attempt to escape custody — renewal of application — Oranga Tamariki Act 1989, s 322. The young person sought to have the charges against him dismissed on the grounds that there had been an unnecessarily protracted delay in the proceedings. The application had been declined at an earlier hearing, however the applications were renewed on the grounds that there were further details available to the court that were not available at the time of the first delay hearing; and that the proceedings could not proceed until after further hearings that were scheduled for December and January. The court, with reference to an earlier decision making the same finding, concluded that the proceedings had been unduly protracted and moved to analyse the change in circumstances posited by the young person and whether the change in circumstances meant that it was appropriate to exercise the court's discretion and dismiss the charges. The court examined the contents of the psychological reports that had been made available and found that they did not change the landscape sufficiently enough to warrant a stay on the charges as there was a possibility that the charges could be dealt with all together. The court further found that the general prejudice faced by the young person was outweighed by the seriousness of the offending and the corresponding public interest in proceeding with the charges. The application for staying the proceedings was dismissed. Judgment Date: 14 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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