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

DSW v K (11 June 1993) YC, Otahuhu, CYPF NO. 86/93, Harvey DCJ

Name: DSW v K
Unreported
File number: CYPF NO. 86/93
Date: 11 June 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge: Theft, Burglary, Unlawfully Getting into a Motor Vehicle; Aggravated Robbery; Escaping from Custody
Key Title: Secure Care

Summary: Application for secure care grounded on s368(a) and s368(b) CYPFA [repealed and substituted on 8/1/95 by 1994 No 121, s41]. K had been in secure care for three weeks; had absconded and re-offended seven months previously; further secure care sought to prevent K from absconding and causing physical harm to self and others; delay in application for secure care; behavioural issues. DSW v S (1992) 9 FRNZ 670; [1993] DCR 273 as to need for contemporaneity between absconding and application applied. Secure care should not be used to manage the unmanageable; "It must be established that secure care is necessary, and in an extremist situation, to prevent him from behaving in a manner likely to cause physical harm to himself or another person"; not to be used to confine likely absconders. Held: no evidence to support application under s368(a) or (b); not appropriate for Judge to act as a social worker or a social analyst; basic parameters have to be met. CYPFA puts balance in favour of children and young people and recognises their vulnerability and susceptibility

Decision: Application for secure care declined.