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Police v R & R&S (8 May 1990) YC, Upper Hutt, CRN 9278004028 & ors, Lee DCJ
Name: Police v R & R&S
Unreported
File number: CRN 9278004028; 9078003995; 9078003996
Date: 8 May 1990
Court: Youth Court
Location: Upper Hutt
Judge: Lee DCJ
CYPFA: s277
Charge: Aggravated Robbery
Key Title: Adult co-offenders; Jointly charged with an adult; Family
Group Conference – Report from
Summary: R jointly charged with R&S with aggravated robbery; R a young person but R&S both over 18; s277 CYPFA; decision made that proceedings should take place in the YC; Judge’s reasoning in making this decision considered: (1) the nature of the offence; (2) the seriousness of the offending and the part played by the young person; (3) the effect of a direction under s277 on sentencing options available in relation to: (a) the young person; and (b) the adult co-accused; (4) the principle that a young offender should be held accountable and accept responsibility for his behaviour; (5) the interests of the young person in being dealt with under the rehabilitative provisions of the CYPFA; (6) whether the right of trial by jury is of special importance to the adult co-accused in the particular circumstances of the case; (7) the forum which is likely to be able to hear the case the soonest; and (8) the young person’s age in relation to the period for which rehabilitative measures under the Act will remain available. Here, factors (5), (7) and (8) indicated that the case should remain in the YC and the other factors were not sufficiently compelling to tip the balance the other way. Further, the view of a FGC not required to assist the Court in coming to a decision as to where the proceedings should be heard although family not precluded from making recommendations to the Court and any such recommendations would not be ignored. Consideration of s246, s247, s258, s259 CYPFA.
Decision: Proceedings to take place in YC and FGC not required to assist the Court in making this decision.
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