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Police v ST (15 December 1993) YC, Whangarei, Trial No. 70/93; 3288008796-8; 3288005614-5, Brown DCJ
Name: Police v ST
Unreported
File number: Trial No. 70/93; 3288008796-8; 3288005614-5
Date: 15 December 1993
Court: Youth Court
Location: Whangarei
Judge: Brown DCJ
CYPFA: s275
Charge: Aggravated Robbery
Key Title: Justices of the Peace - powers; Youth Court procedure;
Jurisdiction of the Youth Court - s275 offer/election
Summary: ST faced several charges including one of aggravated robbery; depositions were heard before Justices of the Peace; Justices exercised the discretion having established there was a prima facie case and ruled ST should be given the opportunity to be dealt with in the Youth Court. Such a decision only to be made by Youth or District Court Judges. Further difficulty in that no FGC had been called to determine the question of jurisdiction [note that as at 2005, an FGC is not usually held before these decisions are made]; this defect enabled matter to be returned for FGC to advise Court on jurisdiction and for Youth Court Judge to decide on the matter.
Decision: All matters remanded for FGC.
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