New Zealand Police v VF [2020] NZYC 10

Published 19 March 2020

Application to dismiss charges — assault with intent to injure — Family Group Conference (FGC) — Youth Justice process — consultation with family, whānau, hapu, iwi and family group — non-agreement — non-compliance with process — Oranga Tamariki Act 1989, ss 5, 241, 245, 247, 258 & 264 — Crimes Act 1961, s 193 — Pomare v Police HC Whangarei, AP8/02 — N v P (2008) 26 FRNZ 982, [2008] DCR 399 YC — P v V (2006) 25 FRNZ 853; [2006] NZFLR 1057. The young person applied for the dismissal of a charge of assault with intent to injure. It was argued that the charge was not considered at the Family Group Conference (FGC) and was therefore laid in non-compliance of Youth Justice processes. An FGC was held, the result was non-agreement. The FGC was then adjourned and the Youth Justice Coordinator returned the matter to the police who later charged the young person. The Judge believed this fulfilled the requirements to consider the charge at an FGC and the young person's application was dismissed. Judgment Date: 10 January 2020. * * * Note: names have been changed to comply with legal requirements. * * *

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