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

Police v KC (30 August 1991) YC, Auckland, CRN 1004015593-94 & ors, Brown DCJ

Name: Police v KC
Unreported
File number: CRN1004015593-94; 1204003392-97; 1224005193-97; 1248023241-44
Date: 30 August 1991
Court: Youth Court
Location: Auckland
Judge: Brown DCJ
Charge: Arson
CYPFA: s316(2)(b)
Key Title: Review of orders - supervision

Summary: Application for cancellation of Supervision with residence order. KC had absconded and re-offended since the order was made and had failed to comply with the FGC plan. Section 316(2)(b) CYPFA provides a power to substitute any other order that the Court could have made at the time the original order was made; the Court had already exercised its s276 discretion so, although some matters were laid purely indictably, that option was not now available to the Court. Non-custodial order would be inadequate as serious offending and absconding thus remanded for one week in Police custody for sentence and probation report.

Decision: Order made cancelling the Supervision with residence order, s283(o) order made in substitution – all matters to be transferred to the District Court.