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Police v C and O (Young Persons) (1992) 9 FRNZ 114

Case summary provided by BROOKERS

Name: Police v C and O (Young Persons)
Reported: (1992) 9 FRNZ 114
File number: CRN2204003005-06
Date: 15 May 1992
Court: Youth Court
Location: Auckland
Judge: M J A Brown DCJ
Charge: Aggravated Robbery
CYPFA: s283(n); s290
Key Title: Family Group Conferences - Non agreement; Orders - Supervision with residence - s283(n)
Brooker's Summary:

Children young persons, and their families - Youth justice - Family group conference recommendations - Aggravated robbery - Youth offenders given opportunity to have matter dealt in Youth Court - Recommendation of family group conference of supervision with residence objected to by police - Recommendation adopted - Clear distinction between youthful and adult offenders in sentencing matters - Children, Young Persons, and Their Families Act 1989, ss 4, 5, 208, 275, 283(n), 290.

The two young persons, C and O, allegedly with an adult, committed aggravated robbery of a dairy. They indicated a wish to plead guilty and were given the opportunity to have the matter dealt with in the Youth Court under s 275 Children, Young Persons, and Their Families Act 1989. Family group conferences were held. With the exception of the police officers who attended the conferences, the rest of the participants (including some of the victims) recommended that the young persons be given supervision with residence under s 283(n). The police objected on the basis of the seriousness of the crime committed, favouring instead a term of imprisonment.

Held, adopting the recommendations of the conferences:

There are severe restrictions on the imposition of supervision with residence as set out in s 290(1) of the Act. Section 290(1)(b) clearly delineates between the youthful offender and the adult, a full-time custodial sentence would be required to be imposed. Clearly, the legislators had in mind here the capacity for distinction. It is appropriate here to impose in respect of each of these young persons orders for supervision with residence in terms of the detailed plans filed.

Cases referred to

S v District Court at New Plymouth (1992) 9 FRNZ 57; 8 CRNZ 241

Application

This was an application to determine whether the Court should adopt the recommendations of the family group conference for the Court to order supervision with residence in respect of two young offenders.

The facts appear from the judgment.