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

Police v T (4 July 1990) YC, Wellington, CRN 0285006796, Brown DCJ

Name: Police v T
Unreported
File number: CRN 0285006796; CRN 0285006292-5
Date: 4 July 1990
Court: Youth Court
Location: Wellington
Judge: Brown DCJ, Principal Youth Court Judge
Charge: Burglary; Theft
CYPF Act: s283(c); s283(o), s284(1)(e), s290(1)
Key Title: Conviction and transfer to District Court; Orders - Conviction and transfer to the District Court for sentence – s283(o); Reparation

Summary: T charged with burglary and theft of $67,000 from a computer company; co-offender an adult employee of the computer company; insurance company resisting reimbursement. FGC decided burglary should be dealt with in Youth Court; Social Welfare report recommended transfer to District Court under s283(o). Section 290(1) considered. Given the magnitude of the offence, a custodial sentence was likely. T, a drug addict, was 8 months pregnant.

Following s290(1)(c), the Judge stated that he needed to be satisfied that none of the alternatives to a custodial sentence were "appropriate in the circumstances of the particular case". He found that here the appropriate penalty was reparation. T’s father had suggested reparation and this was taken into account under s284(1)(e).

Decision: Declined to transfer proceedings to the District Court. Order to come up if called upon - s283(c). Reparation of $20,000 at a rate of $100 per week - not an order against the parents but a moral obligation on them.