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

R v CW (9 September 1994) YC, Napier, CRN 4241008001, Hole DCJ

Name: R v CW
Unreported
File number: CRN4241008001
Date: 9 September 1994
Court: Youth Court
Location: Napier
Judge: Hole DCJ
CYPFA: s274, s277, s275, s276
Charge: Wounding with intent to cause GBH
Key Title: Adult co-offenders; Jointly charged with adult

Summary: CW (16) jointly charged with adults with wounding with intent to cause GBH; exceptionally serious allegations. Whether proceedings should be held in Youth Court or elsewhere; s277(2) CYPFA. If CW found guilty in YC, s283(o) CYPFA transfer likely due to seriousness of charge and CW’s age. Question of whether, as CW jointly charged with adults and s277(2) determination required, s275 and s276 could apply. Counsel argued that proceedings would be in YC pursuant to order under s277(2) not s274 and as s275 and s276 begin with the words "Where section 274 of this Act applies", s275 and s276 would not apply. Judge thought that s275 and s276 would be available as s274 determines the procedure for the preliminary hearing in the YC, not where the preliminary hearing should be held; issue not pivotal in this case.

Decision: Proceedings to take place in District Court.