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Weir v Police (1991) 7 CRNZ 128

Case summary provided by BROOKERS

Name: Weir v Police
Reported: (1991) 7 CRNZ 128
File number: AP60/91
Date: 15 March 1991
Court: High Court
Location: Christchurch
Judge: Williamson J
Charge: Burglary, Theft of Liquor, Failing to Answer Bail
CYPF no:
Key Title: Sentencing in the adult Courts - other
Brooker’s Summary:

Sentence – Corrective training – Appellant 17 years of age –– Sentence of corrective training – Where corrective training should be imposed – Corrective training available where had offender been over the age of 20, offender would have received imprisonment of over 3 months – No reference to what an adult offender would have received in the circumstances – Necessary for a Court to have considered likely sentence on an adult – Sentence of corrective training invalidated – General limitations on imprisonment especially for young persons – Criminal Justice Act 1985, ss 7(1), 9, 68.

The appellant and three others entered a tavern around midday and removed liquor to the value of $1,900. At the time of sentencing the appellant was 17 years old. The appellant was charged with burglary, theft, and failing to answer bail. He was convicted and sentenced to corrective training. Held: Corrective training should only be imposed where the Court is satisfied that had the offender been over the age of 20 the offender would have been sentenced to imprisonment of 3 months or more. In imposing such a sentence a Court should consider the likely sentence upon an adult. Reaching the conclusion without the appropriate reference is a ground to invalidate the corrective training sentence. In view of the appellant's age, the nature of the offending, and that this was a first appearance in the District Court, the sentence was inappropriate.

Decision: Sentence of corrective training invalidated.