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

Police v M (18 April 1991) YC, Lower Hutt, CRN 0032010783, Robertson J

Name: Police v M
Unreported
File number: CRN 0032010783
Date: 18 April 1991
Court: Youth Court
Location: Lower Hutt
Judge: Robertson DCJ
Charge: Aggravated Robbery
CYPFA: s277; s283(m); s283(k)
Key Title: Adult co-offenders; Jointly charged with adult; Principles; General Principles of Sentencing eg Parity/Jurisdiction

Summary: M (16) robbed a dairy with 18 year-old co-offender; knife used; M known to dairy owners; co-offender sentenced in the High Court to 3 years imprisonment. Need for (1) parity in sentencing; and (2) balancing of public interest considerations against need to rehabilitate young person (Rihari v The Police 11 May 1990, Rotorua High Court 14/90, Fisher J).

As against co-offender’s three year sentence, M is only just 16 - a major difference in terms of maturity; co-offender had a considerable previous history of offending; M effectively a first offender; co-offender the only one to use physical violence although M did have the knife. Thus, important distinguishing factors and rehabilitation important. Considering public interest and parity issues this is a case where sentencing should take place in the Youth Court. Huge whanau support for M; plan for supervision by Kohanga Reo presented.

Decision: Order – supervision with activity (s283(m)) with a particular Kohanga Reo for 3 months on condition that M undertake the plan presented. Order- under supervision of same Kohanga Reo for a further 3 months after the end of the supervision with activity order (s283(k)).