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

DSW v C (11 June 1993) YC, Otahuhu, CYPF No. 88/93, Harvey DCJ

Name: DSW v C
Unreported
File number: CYPF NO. 88/93
Date: 11 June 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge: Unlawfully Taking; Receiving; Theft; Burglary; Breach of Bail
Key Title: Secure Care

Summary: Application for secure care; s368(a) CYPFA [repealed and substituted on 8/1/95 by 1994 No 121, s41]; C had absconded in past (s368(a)(i)); some evidence that C had re-offended by unlawfully taking a vehicle, involved in a high speed car chase. Counsel argued necessary to keep C in secure care as likely she will abscond again and harm her "physical, mental or emotional wellbeing" (s368(a)(iii)); Judge considered this "altruistic" approach was in fact an attempt to prevent C from re-offending and noted this was not a ground to keep C in secure care. To support an allegation that there is a real likelihood that a young person will abscond, Judge may look not only at incidents of absconding from a residence but other incidents of behaviour that involve a wilfulness of attitude demonstrated by action where young person absents herself from a place where she ought to be; C demonstrated such wilfulness. Judge found a real likelihood C would abscond again (s368(a)(ii)), but no real evidence that she had unlawfully taken a vehicle and become involved in a high speed car chase, thus no evidence her "physical, mental, or emotional" wellbeing may be harmed (s368(a)(iii)).

Decision: Application declined.