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

Police v F (17 November 1994) YC, Auckland, CR4204004025, Harvey DCJ

Name: Police v F
Unreported:
File number: CR4204004025
Date: 17 November 1994
Court: Youth Court
Location: Auckland
Judge: Harvey DCJ
CYPFA: s276
Charge: With Intent to Cause GBH, did Cause GBH
Key Title: Jurisdiction of the Youth Court - s276 offer/election; Bail

Summary: Whether to exercise discretion to allow young person to remain in Youth Court pursuant to s276 CYPFA; F charged with causing grievous bodily harm with intent to cause grievous bodily harm; charge not denied; horrendous attack on victim in a park; huge media interest. Key cases as to discretion noted; key factors to be considered listed including: chances of rehabilitation, public interest in punishment of violent offenders as opposed to public interest in rehabilitation. Public interest discussed at length; in determining how the public interest will best be served the long term consequences for the offender must be considered where appropriate as well as the more immediate consequences and the victim’s interests. F almost 17 at time of attack and now 17 so Youth Court orders could only be of limited duration; comprehensive plan provided; Court asked not to make a decision as that would compel it to make orders. Instead the Court agreed in principle to place B on bail (for up to 4 years) to carry out the plan. Plan included counselling, family and cultural input, army military programme; plan constructive as opposed to imprisonment which would be counterproductive.

Decision: F on bail for 4 years to allow plan to be implemented.