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

R v P (14 September 1990) HC, Auckland, S. 89/90, Gault J

Name: R v P
Unreported
File number: S.89/90
Date: 14 September 1990
Court: High Court
Location: Auckland
Judge: Gault J
Charge: Aggravated Robbery; Aggravated Burglary
CYPFA:
Key Title: Sentencing in the adult Courts -  Aggravated Robbery, Sentencing in the adult Courts - Aggravated Burglary

Summary: Defendant 14 or just 15 at the time of the various offences; proprietors of shops held at knifepoint; two offences committed after defendant had absconded from Dept of Social Welfare custody; defendant had a "background of extraordinary offending" still to be dealt with involving around 50 summary offences. No mother or father – extended family’s attempts to control defendant unsuccessful.

Older co-offenders had been sentenced to corrective training; here defendant too young for corrective training but eligible for prison – situation anomalous. Periodic detention and supervision unsuitable as defendant would not respond to or comply with those sentences. Necessary to impose sentence with similar "short, sharp, shock" value as that given to co-offenders.

Decision: Imprisonment for six months in respect of each offence to be served concurrently. Conditions on release imposed pursuant to Criminal Justice Act, s77A(2).