Aggravated robbery — theft of bike — assault — identification — amendment to charge — Crimes Act 1961, ss 234 & 235 — Evidence Act 2006, s 126 — Criminal Procedure Act 2011, ss 133, 136, 136A & 143 — R v Feterika [2007] NZCA 526 — Edwards v R [2018] NZCA 93. The four young persons were charged with aggravated robbery. It was alleged they had assaulted the complainant and stolen a bike and vape off him, after earlier selling him the vape. The main issue for determination was identification of the young persons. Evidence was given from four witnesses, one of whom was the complainant and one of whom was the girlfriend of one of the young persons. A court had to be cautious when considering evidence from witnesses in relation to identification as even honest witnesses can be mistaken and miscarriages of justice can arise from mis-identifications. In relation to the aggravated robbery charge, it must be proven beyond a reasonable doubt that each accused is complicit in the joint enterprise. They must be physically present and share an intent to rob; an intent to steal using collective force if necessary. After considering the evidence, the Judge was satisfied as to two of the young persons' involvement in physically assaulting the complainant, but there was insufficient evidence to find the young persons formed a common or joint enterprise for the purposes of robbing the complainant prior to the incident. The Judge determined that a charge of theft was more appropriate for the young person who had taken the vape, and a charge of assault with intent to injure for two of the other young persons. With regards to the fourth young person, the Judge was satisfied he did not take any of the items but it was possible he was involved in the physical assault. As such, the charge against him was not dismissed. Rather, the Judge proposed to amend the charges and give counsel for all four young persons a chance to be heard on whether the proposed changes would prejudice the young persons. Judgment date: 29 March 2021. * * * Note: names have been changed to comply with legal requirements. * **