Youth Court Decisions How to Use Full list of key titles CYPFA section Date

R v Police , 30 October 2007, High Court, Tauranga, Williams J, CRI 2007 470 000027

Name: R v Police
Unreported
File number: CRI 2007 470 000027
Court: High Court
Location: Tauranga
Date: 30 October 2007
Judge: Williams J
Charge: Burglary
CYPFA: s214, s245
Key title: arrest

Case Summary: Unsuccessful appeal against charges proven in YC.

Two charges of burglary were proven in YC in June 2007. Burglaries were committed at an adjacent property in February 2007 by R and associates who had been “involved in a lengthy party”. Police were called by neighbours, although by the time the arresting officer arrived at the house, any disturbance had ceased. R was arrested, but, before arresting him, the constable made no request of R to accompany the constable to the police station to assist with enquiries. Constable gave evidence that arrest was made to get R out of the house to prevent further destruction of evidence, and to protect the scene.

Appellant argued that Police reasons for arresting R were a fiction. Court held that reasons written in constable’s notebook and given in evidence mirrored requirements in s214 CYPFA. Ground of appeal rejected.

Appellant further argued that a requirement to first ask young person to accompany police officer to a police station should be implied in CYPFA, to satisfy restrictions on arrest of young people in s214. Court rejected this argument also.