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

Police v I (24 June 1991) YC, Otahuhu, Harvey DCJ

Name: Police v I
Unreported
File number:
Date: 24 June 1991
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s275
Charge: Armed with Offensive Weapon; Robbery
Key Title: Jurisdiction of the Youth Court - s275 offer/election

Summary: I (16) charged with being armed with an offensive weapon and robbery. Whether YC jurisdiction should be offered pursuant to s275 CYPFA. I took cigarettes from the victim’s car after I’s associate held a knife to the victim’s face. Relevant factors from Police v R and R & S (Unreported, 12/6/90, YC, Upper Hutt, Judge M Lee, CRN 9278003995/6,4028) listed and applied; also public interest must be considered where the s275 or s276 CYPFA discretion is exercised: Rihari v Police and anor (Unreported, 11/5/90, HC Rotorua Registry, T14/90); balancing of public interest factors. Judge needs to "look ahead" to sentencing in making the decision: Police v Tai (1991) 8 FRNZ 613. Held: as case not most serious of its kind; I not a key player; I did not instigate the incident or carry a weapon; if charge proven, CYPFA machinery more effective than Criminal Justice Act.

Decision: YC jurisdiction offered and accepted.