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New Zealand Police v JB [2023] NZYC 110

Published 23 June 2023

Reserved decision — threatening to cause GBH — wounding with intent — application to dismiss charges — declaration of non-compliance — unnecessary or undue delay — lawfulness of arrest — arrest without warrant — Oranga Tamariki Act 1989, ss 4, 5, 214, 245 & 322 — Crimes Act 1961, ss 188, 214, 306 & 322— YP v Youth Court at Upper Hutt HC Wellington, CIV-2006-485-1905, 30 January 2007 — A-G v Youth Court at Manukau [2007] NZFLR 103 — H (SC 97/2018) v R [2019] NZSC 69 — Martin v Tauranga District Court [1995] 2 NZLR 419 — R v Morin (1992) 71 CCC (3d) 1, 13. The young person was charged with threatening to cause grievous bodily harm and wounding with intent. She was alleged to have held a knife to the complainant's throat and threatened to cut him, and then stabbed him in the chest. In the current hearing the young person made applications for a declaration that her arrest was unlawful, and for the charges to be dismissed for unnecessary or undue delay. The young person had been arrested a week after the alleged offending, when a police officer learned that she was a suspect in the stabbing incident. After consulting a senior officer, the officer arrested the young person without a warrant. She was then transported to a police station and charged. The Court found that the police officer who made the arrest had had reasonable cause to suspect that the young person had committed a serious offence, and was acting in the public interest. The arrest was lawful. However the Court found that there had been a unnecessary and undue delay, caused by a combination of COVID-19 and "police ineptitude", between the alleged offending and the hearing date. Despite the seriousness of the alleged offending, the Court therefore found it necessary to dismiss the charges. 17 February 2023. * * * Note: names have been changed to comply with legal requirements. * **

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