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

Police v H & Ors (2 July 1990) YC, Otahuhu, CRN 004810867 & ors, Simpson DCJ

Name: Police v H & Ors
Unreported
File number: CRN004810867; 004810865; 004810868; 0048012016; 004810866; 0248011053
Date: 2 July 1990
Court: Youth Court
Location: Otahuhu
Judge: Simpson DCJ
CYPFA: s277
Charge: Aggravated Robbery
Key Title: FGC: Purely Indictable Procedure; Youth Court Procedure

Summary: Six defendants were jointly charged with aggravated robbery, five of them were young persons; Nine issues arose: (1) Does a FGC have to be held when a young person is charged with a purely indictable offence or with an indictable offence triable summarily? Yes, in light of ss272 and 247 CYPFA, the FGC procedure is to be adopted in all cases subject to the limitations set out in sections 272, excluding offences of murder and manslaughter; (2) Does the FGC have the right to make recommendations as to the jurisdiction in which the young person is to be dealt with? Yes, cf. s258 and s260 CYPFA and in particular the wording of s258(d); (3) At what stage of proceedings does the YC Judge decide on which jurisdiction is appropriate for the hearing of the charge? Where jointly charged with adult cf. s277 CYPFA, otherwise cf. s275 and s276; (4) At what stage does the YC Judge direct in which jurisdiction the proceedings be heard before or after the FGC? Direction as to jurisdiction may be made at all cases after a FGC has been held; (5) When a young person is charged jointly with an adult, does the YC Judge decide on the question of jurisdiction before or after the preliminary hearing? cf. s277(2) and s277(3) CYPFA; the issue of jurisdiction can only be dealt with once the facts are admitted or there has been a prima facie case established and once the FGC has been convened to make a recommendation; (6) In respect of s277(1) and s277(2) what is meant by the words "an information"? Do these words refer solely to a charge against a young person, or do they refer to all the persons charged jointly with the young person? Solely to a charge against a young person; (7) On joint charges involving an adult and a young person, do the Informations relating to both persons go to the Youth Court for a hearing pursuant to s277(1) and s277(2). Section 277 contains no words expressly conferring jurisdiction on the YC in respect of adult offenders. If the legislature had intended to create a jurisdiction in relation to adult offenders it would have done so in plain words; (8) What is the Informant’s authority, if any, to have an Information for a person aged over 17 years who is jointly charged with a young person to be heard before the YC? There is no authority to have any charge against an adult jointly charged with a young person heard in the YC; (9) Does a YC Judge have any jurisdiction to deal with a purely indictable charge against an adult? No.