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New Zealand Police v CL [2023] NZYC 208

Published 06 June 2024

Judge-alone trial — admissibility of evidence — attempted murder — wounding with intent to cause grievous bodily harm — reliability — unsigned statement — unfairness — Crimes Act 1961, ss 173 & 188(1) — Evidence Act 2006, ss 7, 8, 27, 28, 29 & 30 — Criminal Procedure Act 2011, s 101. The young person was on trial on a charge of attempted murder. He was alleged to have attacked another young person (the complainant) with a machete. In the current application the young person challenged the admissibility of proposed evidence against him, submitting that the evidence was unreliable. The proposed evidence came from a worker (the witness) in a youth residence, where the young person had been remanded while awaiting trial. The witness alleged that the young person had spoken about his intention to "finish what he didn't get done" once he was released from the youth residence. The Court found that the proposed evidence was relevant and that the circumstances in which the young person's statement was made were not likely to have adversely affected the statement's reliability. The young person also submitted that it would be unfair for the evidence to be heard. The statement was made to a worker in a youth residence, and young people have to have confidence in youth workers. However the Court found that youth workers are obliged to tell police about particularly concerning statements from young people. Also the probative value of the evidence outweighed any unfairness to the young person. Any other concerns that the young person had about the statement could be raised in cross-examination. The statement was found admissible. Judgment date: 24 March 2023 * * * Note: names have been changed to comply with legal requirements. * **

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