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

DSW v M (4 June 1993) YC, Otahuhu, CYPF NO. 83/93, McElrea DCJ

Name: DSW v M
Unreported
File number: CYPF NO. 83/93
Date: 4 June 1993
Court: Youth Court
Location: Otahuhu
Judge: McElrea DCJ
CYPFA: s368
Charge: Aggravated Robbery (2)
Key Title: Secure Care

Summary: Application for secure care. M (15) had a history of absconding from community and family placements but had never been placed in a CYFs "residence" as defined by CYPFA s2; ability to rely on the absconding provision in s368(a) [repealed and substituted on 8/1/95 by 1994 No 121, s41] is limited to cases where the young person has previously absconded from Police custody or a "residence". Whether M’s history of absconding may be taken into account in deciding whether M may behave in manner likely to cause harm to self or others: s368(b) [repealed and substituted on 8/1/95 by 1994 No 121, s41]. Held: Court may take into account the history of absconding from other placements in assessing the likelihood of such further offending occurring. M could abscond and re-offend in violent manner again and cause physical harm to self or others (s368(b)).

Decision: Application granted.