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R v Cuckow [1992] BCL 308; 15 TCL 1/10 (CA)

Name: R v Cuckow
Reported: [1992] BCL 308; 15 TCL 1/10
File Number: CA 312/91
Date: 17 December 1991
Court: Court of Appeal
Location: Wellington
Judge: Cooke P, Richardson, Gault JJ
Charge: Arson; Burglary; Burglary with a Weapon; Possession of Burglary Instruments
CYPFA: s276
Key Title: Sentencing in the adult Courts - Arson; Sentencing in the adult Courts - Other; Sentencing in the adult Courts - application of Youth Court principles; General principles of Sentencing eg parity/jurisdiction; Reports – Psychiatric; Reports - Psychological

Summary: Appeal against sentence of imprisonment. Appellant and co-offender (both 14) charged with a number of offences including arson; FGC held; YC Judge did not offer s276 jurisdiction to co-offender and thought that YC jurisdiction should be offered to the appellant; however, for reasons of parity, both defendants refused YC jurisdiction. High Court had benefit of psychiatric and psychological reports showing appellant not normally criminally inclined, easily influenced; HC had only brief pre-sentence report; considered YC measures better suited to appellant’s situation yet both defendants given 2 year prison terms; protection of community an overriding factor.

CA Held: that the principles in the CYPFA should underlie consideration of any sentence in respect of a young offender; there had been insufficient information before the High Court about the appellant and that if certain offender information had been available to the Court, the sentence would not have been so strong; as offender had already completed 3 months and had "learnt his lesson" his sentence was quashed and substituted with a sentence of supervision for two years with conditions.

Decision: Sentence quashed. Supervision for two years with conditions.

[See also High Court decision: R v Moss & Cuckow (30 August 1991) HC, Gisborne, S.4/91; S.5/91, Temm J]