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New Zealand Police v AB [2018] NZYC 651

Published 05 March 2019

Proof beyond reasonable doubt — doubt denial of offending — theft — injuring with intent — unlawfully taking a vehicle. The young person had been charged with theft of $60, theft of a car key, unlawfully taking a motor vehicle and injuring with intent to injure. All charges arose from one instance of alleged offending against one victim. It was alleged the young person, in the company of associates, punched the window of a car the victim was sleeping in, punched and stomped on the victim, took his money and car key and drove the car away. Police later apprehended the young person while he was driving the car. The young person denied the offending. In order to be found guilty of the offending the police had to prove beyond a reasonable doubt that the young person was actually the person involved in the offending. On the night of the alleged offending, after being detained by police, the young person confessed in a DVD interview that he was the person who punched, stomped on and stole from the victim. In the interview he described details of the incident consistent with the victim's account and also described details that he would not have known if he had not been present. Since this interview, the young person had given two more versions of the night's events. The Judge found these versions were unrealistic and that it was proven beyond a reasonable doubt the young person was the offender, based on the DVD interview, police and victim testimony. The Judge directed a family group conference so the next step in dealing with the offending could be decided. Judgment Date: 16 November 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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