R v FG [2020] NZYC 438

Published 15 April 2021

Dismissal of charge — aggravated robbery — Oranga Tamariki Act 1989, s 282. The young person faced one charge of aggravated robbery, having had two other charges of aggravated robbery and one of unlawful taking dismissed on 20 July 2020. An application to dismiss those charges due to delay had also been heard and the application declined; however, following a challenge to the admissibility of the DNA evidence, those charges were then dismissed. Counsel for the young person sought to have the final charge against the young person dismissed. The Crown sought to withdraw the charge. The Judge determined it was in the interests of justice to dismiss the charge because the Crown was not ready to prosecute the charge and would be required to seek an adjournment which was unlikely to be granted given the delay. The young person had been in the Youth Court processes since 2017 and had not offended since then nor while on bail. The charge was dismissed. Judgment Date: 20 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *