Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v M - Alt cit Police v R

Case summary provided by LEXISNEXIS NZ

Name: Police v M - Alt cit Police v R
Reported: [1990] DCR 544
File number: CR9270009012
Date: 7 December 1989
Court: Youth Court
Location: Tauranga
Judge: Callander DCJ
Charge:
CYPF no: s276; s284
Key Title: Jurisdiction of the Youth Court – s276 offer/election
LEXISNEXIS Summary:

Criminal procedure| Application by M to be dealt with by the Youth Court rather than High Court; M aged 16; charged with three crimes all laid indictably; M wished to plead guilty and be dealt with by Youth Court pursuant to s 276 Children, Young Persons and their Families Act 1989; held, procedures of criminal law applicable to adults to be tempered when dealing with a youth; in exercising discretion under s 276 CYPFA 1989 Court must consider factors in s 284 CYPFA 1989; juvenile justice system sometimes unable to adequately deal with some of the older or more troublesome delinquents; in some cases it will be necessary for penalties of HC to be employed; sentencing provisions of Criminal Justice Act to be considered; in this case M had "not denied " the charges thus s 246 CYPFA 1989 applied; proceedings had only reached stage where M accepted that the evidence adduced at preliminary hearing was sufficient to put him on trial; proper for Court to adjourn proceedings and direct Youth Justice Co-ordinator to convene a family group conference; information as to factors in s 284 needed to be obtained by Youth Advocate

STATUTES:

Children & Young Persons Act 1974, s 34(2)(c)
Children, Young Persons, & their Families Act 1989, s 208, s 334, s 246, s 246(b), s 274, s 275, s 276, s 283, s 284
Crimes Act 1961 s 191(1)(c)
Criminal Justice Act 1985
Summary Proceedings Act 1957 s 153A, s 160A, s 168(1)
Young Offenders Act 1982, (Canada) s 16(2)

CASES CITED: R v M & C 1 CRNZ 694 considered

TEXTS: Child Welfare Legislation Review Committee Report: Department of Youth, ; Ethnic & Community Affairs; 1975 New South Wales Phibbs Report p56-57.