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

Police v M (2 September 1991) YC, Auckland, CRN 1204003795-97, McElrea DCJ

Name: Police v M
Unreported
File number: CRN 1204003795-97
Date: 2 September 1991
Court: Youth Court
Location: Auckland
Judge: McElrea DCJ
Charge: Theft, Using a firearm with intent
CYPF Act: s282, s283(a)
Key Title: Orders - Discharge - s282; Discharge - s283(a)

Summary: M (almost 17); no previous offending and co-offender "T" ["T" dealt with in Police v T (CRN 1204003778-80, 2 September 1991, Youth Court, Auckland) also under s282 and s283(a) on this database] stole jackets; knife and firearm used. Pair agreed to use firearm if barred in their attempt to steal the jackets. Against transfer to District Court was the fact that M had no previous record and was contrite; a worthwhile FGC had been held. Argument made that formal orders would prevent M from emigrating to South Africa with his mother.

Having considered Roberts v Police [1991] 1 NZLR 205; (1990) 7 CRNZ 197 where Wiley J upheld the principle that the Courts must not be in a situation where they are hiding relevant offences from potential employers, the Judge considered that the Courts must ask themselves whether it is right to adopt a particular course, such as making an order under s282, for such a purpose as "hiding" M’s wrongdoing in order to assist in his emigration. Formal orders made despite M’s contrition and previous good record as Judge not prepared to use Court’s powers to hide an offence.

Whether a discharge without conviction is appropriate under Criminal Justice Act 1985, section 19 depends on whether a conviction would be out of all proportion to the seriousness of the offence. The Judge approached section 282 in a similar way and decided that a formal order under section 283 would not be "out of all proportion" to the serious offending in this case.

Decision: Formal order made under s283. Reparation of $292.50, community work of 200 hours.