district court logo

R v JS [2020] NZYC 398

Published 01 October 2020

Application to dismiss charge — aggravated robbery — witness evidence — CCTV footage — formal identification procedure — Evidence Act 2006, s 45 — Criminal Procedure Act 2011, s 147 — Parris v Attorney-General [2004] 1 NZLR 546 (CA). The young person faced one charged of aggravated robbery. Counsel for the young person sought a dismissal of the charge under s 147 of the Criminal Procedure Act. There was evidence from two witnesses and CCTV footage from various locations in the vicinity of the alleged offending showing unclear images of various people. The two witnesses described the young person as Maori or Pacific Islander and gave descriptions of what the young person was wearing and his hairstyle; however, these descriptions either did not align with the description of the young person or were vague and generic. The police had not carried out a formal identification procedure after the alleged offending. Based on all of this the Judge concluded that no properly-directed jury could convict on the state of the evidence. The application was granted and the charge against the young person was dismissed. Judgment Date: 31 July 2020. * * * Note: names have been changed to comply with legal requirements. * * *

Tags