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

DSW v P (20 September 1993) YC, Otahuhu, CYPF NO. 143/93, Harvey DCJ

Name: DSW v P
Unreported
File number: CYPF NO. 143/93
Date: 20 September 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368; s369
Charge: Aggravated Robbery; Aggravated Assault
Key Title: Secure Care

Summary: Application for secure care grounded on s368(b) CYPFA [repealed and substituted on 8/1/95 by 1994 No 121, s41]; no evidence of violent or anti-social behaviour in residence; evidence of such out of residence – appears to occur while on the street and not in a structured environment. Duty to ensure behaviour while in open wing; application posited on basis of violent behaviour if P absconds – but absconding not a factor in s368(b); observations as to notice that is to be given pursuant to CYPFA, s369(2).

Decision: Application refused.