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Police v C & N (24 October 1990) YC, Auckland, Gilbert DCJ
Name: Police v C & N
Unreported
File number:
Date: 24 October 1990
Court: Youth Court
Location: Auckland
Judge: Gilbert DCJ
Charge: Under Misuse of Drugs Act
CYPFA: s208; s283(n)
Key Title: Principles
Summary: Notes on sentencing; several charges under Misuse of Drugs Act; s276 offer previously made and accepted but A to be sentenced for one offence in High Court as committed when 17. Police argue that a conviction should be entered against C so that a record of his offending exists for the future. C and N to stay in Youth Court as although Misuse of Drugs Act requires a custodial sentence, the youth of an offender is a factor that can be taken into account by the Court under that Act for not sending a young person to prison. Youth Court principles/available avenues of detention more appropriate for young people and transfer to District Court still a possibility under s283(o).
On first charge, both C and N sentenced to supervision with residence. On second charge, C remanded to District Court to allow a conviction to be entered against him. A remanded to the High Court for sentence on second charge. Interim order for name suppression imposed in respect of C and A.
Decision: On first charge, order for supervision with residence for 3 months – C and N remanded to higher Courts in respect of second charge.
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