R v W

[2022] NZHC 3166

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,

OCCUPATION OR IDENTIFYING PARTICULARS OF DEFENDANT PURSUANT TO S 200 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2022-254-19

[2022] NZHC 3166

THE KING

v

W

On the Papers
Counsel:	B D Vanderkolk for the Crown P Murray for the Defendant
Judgment:	29 November 2022

JUDGMENT OF CHURCHMAN J

[1]    The defendant has been charged with murder. He is currently 14 years old, and was 12 years old at the time of the alleged offending. He has been granted name suppression until verdict. I accordingly refer to him as “W”.

[2]    On 10 February 2022, W appeared in the Palmerston North Youth Court. At that appearance the proceeding was transferred to the High Court, and he was bailed to his then caregiver’s address.

[3]    Since that time, W has absconded a number of times and failed to comply with the terms of curfew imposed upon him by the Youth Court. As a result, on

R v W [2022] NZHC 3166 [29 November 2022]

17 November 2022, an order was made in the Youth Court pursuant to s 238(1) of the Oranga Tamariki Act 1989, to detain W in the custody of the Chief Executive. He is currently residing at a youth justice facility in Rotorua, pending his next appearance in the Youth Court on 9 December 2022, for failing to appear, breaching his bail conditions, and assault.

[4]    Crown counsel now seek review of the order made on 17 November 2022 under s 241 of the Oranga Tamariki Act, in order to extend that order until W’s trial beginning 3 July 2023, or until 21 February 2023. Section 241 provides that the High Court may review any order made under s 238.

[5]    This is not opposed by W’s counsel, who instead seeks leave to bring a further application for bail, should an alternative placement be located for W. They express the view that placement in a care and protection residence is more appropriate than in a youth justice facility.

[6]    I am of the view that the review sought by Crown counsel is appropriate and I amend W’s current conditions of remand accordingly. I consider that it is likely that W will abscond and/or commit further offences pending the determination of his active charges. W is to remain in the custody of the Chief Executive until 3 July 2023. However, as requested by counsel, I also grant leave for a further application for bail in the event that an alternative more suitable placement is located.

Churchman J

Solicitors:

Crown Solicitor, Palmerston North for the Crown Paul Murray, Palmerston North for the Defendant