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Police v M (22 February 1991) YC, Auckland, CRN 0204001035-36, Gilbert DCJ
Name: Police v M
Unreported
File number: CRN 0204001035-36
Date: 22 February 1991
Court: Youth Court
Location: Auckland
Judge: Gilbert DCJ
Charge:
CYPFA: s208(c), s208(d), s276
Key Title: Jurisdiction of the Youth Court - Age; Jurisdiction of Youth
Court - s276 offer/election; Principles
Summary: M (14) committed serious offence against elderly woman; 16 year old on this charge could be sent to High Court and receive a term of imprisonment; medical evidence given on the marked differences between a 14 and 16 year old; transfer to High Court with limited sentencing possibilities would be likely to encourage re-offending. Section 208 considered as to strengthening families and fostering their ability to deal with their YP's offending, also public safety; M had strong support from whanau and iwi; currently living in a community which will supervise M.
Decision: YC jurisdiction offered.
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