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

DSW v S & M (19 August 1993) CYPF NO. 118/93; CYPF NO. 119/93, Harvey DCJ

Name: DSW v S & M
Unreported
File number: CYPF NO. 118/93; CYPF NO. 119/93
Date: 19 August 1993
Court: Youth Court
Location: Otahuhu
Judge: Harvey DCJ
CYPFA: s368
Charge: Sexual Violation
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Summary: Application for secure care grounded on s368(b) [repealed and substituted on 8/1/95 by 1994 No 121, s41]; similar circumstances relating to both young people; serious offence; whether offending serious enough to raise concerns as to physical harm to others that would bring s368(b) into play: T v Department of Social Welfare (1989) 6 FRNZ 100. Police requested remand to DSW residence; no evidence of likelihood of self-harm; application not based on likelihood of absconding; implicit that if young person in open wing there might be absconding; observations on duty of DSW to ensure that those in a residence who do not fulfil criteria for detention in secure care are nonetheless not a risk where absconding likely; obligation of DSW to provide proper supervision while young people are in the open wing. No evidence of violent propensity within institution to justify detention in secure care; apart from offending no evidence of violent propensity within the community. Held: Not absolutely necessary to keep young people in secure care to prevent them from causing physical harm to other people; if risk of absconding, appropriate supervision should be put in place.

Decision: Application refused.