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

DSW v LD (22 March 1993) YC, Otahuhu, CYPF NO. 41/93, Harvey DCJ

Name: DSW v LD
Unreported
File number: CYPF NO. 41/93
Date: 22 March 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge:
Key Title: Secure Care

Summary: Application for secure care grounded on s368(b) [repealed and substituted on 8/1/95 by 1994 No 121, s41] to prevent LD from behaving in a manner likely to cause physical harm to herself or to any other person. LD exhibiting problem behaviours including damaging property, threatening staff and threatening and assaulting other residents. Had threatened to abscond; did so for 15 minutes; put in secure care; effectively in secure care for one week before matter brought before a Judge. Allegations of physical harm to self. Judge concerned that secure care sought to impose discipline on C and to stop her absconding when these were not relevant matters for a s368(b) application.

Decision: Application declined due to time delay; concerns about disciplinary aspects of application highlighted.