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

Police v G (15 October 1991) YC, Hamilton, CRN 1219013324, Thorburn DCJ

Name: Police v G
Unreported
File number: CRN 1219013324
Date: 15 October 1991
Court: Youth Court
Location: Hamilton
Judge: Thorburn DCJ
CYPFA: s275
Charge: Injuring with Intent to Injure
Key Title: Jurisdiction of the Youth Court - s275 offer/election

Summary: G was indictably charged with injuring with intent to injure with 3 other persons, all adults. G was nearly 17 at the time of the offence; one adult offender already sentenced to imprisonment; no FGC agreement on whether YC jurisdiction should be offered pursuant to s275 CYPFA. Although s275(2) implies that, if the YP accepts the opportunity given to elect to have the matter dealt with in the YC, that should take place, the discretion remains with the Judge. Held: G an active participant; age; s5 Criminal Justice Act applies; and if tried and convicted in the adult jurisdiction some prejudice could arise to G; serious offending; expediency and desirability for witness including the victim of one hearing; sentencing options community would expect.

Decision: G committed to DC for trial.