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

Police v Tai (1991) 8 FRNZ 613

Case summary provided by BROOKERS

Name: Police v Tai [A Young Person]
Reported: (1991) 8 FRNZ 613
File number: CRN1290005211-14
Date: 27 March 1991
Court: Youth Court
Location: Henderson
Judge: F W M McElrea DCJ
Charge: Rape, Aggravated Burglary
CYPF no: s276
Key Title: Jurisdiction of the Youth Court - s276 offer/election; Indication of desire to plead guilty; Victims
Brooker’s Summary:

Children young persons, and their families - Youth justice - Rape - Aggravated burglary - Jurisdiction - Factors to be taken into account - Interpretation of s 276 - Young person need not plead guilty but only indicate a desire to do so - Offences too serious to allow young person to be dealt with in Youth Court - Imprisonment inevitable - Young person to be sent to High Court which has more sentencing options - Children, Young Persons, and Their Families Act 1989, ss 274(2), 276, 284, 326, 327; Children and Young Persons Act 1974, s 34(2)(c); Criminal Justice Act 1985, s 142A; Summary Proceedings Act 1957, s 153A; Victims of Offences Act 1987, s 8.

Tai was charged with four offences committed while he was 16: two of aggravated burglary and two of rape of the same victim. He has now just turned 17. Through his youth advocate, he indicated a desire to plead guilty to all four charges and asked to be dealt with in the Youth Court under s 276 Children, Young Persons, and Their Families Act 1989. The family group conference concluded that imprisonment was inevitable but has no agreement on the term and on whether Tai should be sent to the District Court or the High Court.

Held, sending the young offender to the High Court:

(1) Under s 276 of the Act, where a young person indicates a desire (as Tai did) to plead guilty to an offence, he should not be asked to enter a plea until he knows the way in which the Court is going to exercise its discretion under s 276. That is because the Court may or may not give him that opportunity of forgoing the right to trial by jury and being dealt with in the Youth Court. If the Court does not give him that opportunity, the provisions of s 153A Summary Proceedings Act 1957 come into operation and the young person must then decide whether he wishes to enter a guilty plea or face a jury.

(2) In order to make the decision that is required under s 276, the Judge has to treat it almost as though it is a sentencing exercise.

(3) Having regard to the provisions of s 284 and the principles under ss 5 and 208 of the Act, the (non-imprisonable) measures available to the Youth Court are clearly inappropriate in view of the enormity of the offences and the effect on the victims. The likely penalty to be imposed upon Tai in respect of the offences charged is a term of imprisonment of 2 to 4 years. It is appropriate for the matter to be transferred to the High Court as that Court has a wider range and can give a term of imprisonment of either less or more than 3 years. The High Court Judge hearing the case is not to conclude that the Youth Court, by sending Tai to the High Court, is saying that if Tai is convicted, he must be given more than 3 years. It is rather a[(1991) 8 FRNZ 613, 614]case of keeping appropriate options open, given that this Court has concluded that imprisonment is necessary.

Cases referred to

Police v Homo 2/7/90, Judge Simpson, YC Otahuhu CRN004810867
Police v M [1990] DCR 544
Police v Matangi 21/6/90, Judge Brown, DC Tokoroa CRN9277003813
Police v Murphy 22/2/91, Judge Gilbert, YC Auckland CRN0204001035-36
R v Dale 7/9/89, Holland J, HC Christchurch S51/89
R v Hotene (1988) 3 CRNZ 414 (CA)
R v Puru [1984] 1 NZLR 248 (CA)
R v TAP 14/9/90, Gault J, HC Auckland S89/90
R v Walsh (1979) 1 Cr App R(S) 153
R v Wilson (1989) 5 CRNZ 165 (CA)

Hearing

This matter dealt with the question of whether the young person concerned should be given the opportunity under s 276 Children, Young Persons, and Their Families Act 1989 to plead guilty and to be dealt with in the Youth Court.

The facts appear from the judgment.