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

DSW v K (26 July 1993) YC, Otahuhu, CYPF No. 110/93, Harvey DCJ

Name: DSW v K
Unreported
File number: CYPF No. 110/93
Date: 26 July 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge: Demanding with Menaces
Key Title: Secure Care

Summary: Further application for secure care for K (dealt with in DSW v K, CYPF NO. 86/93, 11 June 1993, YC, Otahuhu); K faced allegation of demanding with menaces after being released from residential care. T v Department of Social Welfare (1989) 6 FRNZ 100 noted where it was commented that factors akin to matters of bail can be taken into account in considering an application for secure care; Judge noted situation different for adults as adjournment may be on bail or in custody but for young people detention in a residence is a half-way stage between close confinement and freedom in the community; examination of the forms of care pursuant to s238(1)(c)-(e) CYPFA; examination of basis for secure care; where s368(b) relied upon the physical danger to self or others must be in the residential context. Held: application on basis of s368(b) [repealed and substituted on 8/1/95 by 1994 No 121, s41] which requires Court to consider whether or not K likely to cause physical harm to self or others if placed in the open wing of the residential unit; Judge not satisfied that such harm would result from keeping K in open unit.

Decision: Application declined.