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

Police v T (2 September 1991) YC, Auckland, CRN 1204003778-80, McElrea DCJ

Name: Police v T
Unreported
File number: CRN 1204003778-80
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); Orders - Community Work - s283(l); Orders - Reparation - s283(f)

Summary: T (now 16) and co-offender "M" ["M" dealt with in Police v M (CRN 1204003795-97, 2 September 1991, Youth Court, Auckland) also under s282 and s283(a) on this database] stole jackets; knife and firearm used. No offending history; matters proved by admission. FGC held but no recommendation given as to preference for formal orders or diversion. Argument made that s282 appropriate as s283 would give T a record that would bar him from travelling to his native Vietnam.

No evidence that s283 order would be a bar to travel and even if it was, s282 should not be used to withhold relevant information from emigration or immigration authorities. Court processes not to be used to deceive or hide relevant matters. (Line of authority from Police v Roberts [1991] 1 NZLR 205; (1990) 7 CRNZ 197 followed, concerning the withholding of relevant information regarding relevant offences from potential employers).

Section 282 not appropriate as serious matter where knife and gun involved.

Decision: Formal orders made pursuant to section 283 for 200 hrs community work and $292.50 reparation. Apology letter recommended.