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R v D (1989) 5 FRNZ 549 (HC)

Case summary provided by BROOKERS

Name: R v D
Reported: (1989) 5 FRNZ 549
File number: S51/89
Date: 7 September 1989
Court: High Court
Location: Christchurch
Judge: Holland J
Charge: Aggravated Robbery
CYPF no: Children and Young Persons Act 1974, s34(2)(c)
Key Title: Jurisdiction of the Youth Court
Brooker's Summary:

Youth justice - Jurisdiction - Procedure - Guilty plea to indictable offence not punishable summarily - Offender under 15 - Judge at first instance must make a positive decision whether or not to give the young offender an opportunity of electing to have the information heard and determined in the Children and Young Persons Court - Children and Young Persons Act 1974, s 34(2)(c).

The offender, aged 14, was charged indictably in the Children and Young Persons Court that he committed aggravated robbery, an indictable offence not punishable summarily, which accordingly came within s 34(2)(c) Children and Young Persons Act 1974. He pleaded guilty to the charge. The Judge in the Children and Young Persons Court declined jurisdiction and the offender was committed to the High Court for sentence. The question here was whether the proper procedure had been observed prior to the young offender appearing in this Court.

Held, in the ordinary course of events a person under the age of 15 should be given the option of electing to be dealt with in the Children and Young Persons Court at first instance unless it were considered that a sentence in excess of 3 years imprisonment might be appropriate, or there is some other jurisdiction available to the High Court and not to the District Court or Children and Young Persons Court. However, if the Judge decides not to give that election, what is required then is a positive decision, preferably recorded on the information, that the young offender should not be given the opportunity to elect in terms of s 34(2)(c) Children and Young Persons Act 1974. The committal here being invalid, the offender was properly still before the Children and Young Persons Court.

Cases referred to

R v M [1986] 2 NZLR 172

Application

This was an application to have the young offender committed to the High Court for sentence on a guilty plea for aggravated robbery.

The facts appear from the judgment.