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

Police v B (16 February 1995) YC, Auckland, CRN 5290005852-4, Harvey DCJ

Name: Police v B
Unreported
File number: CRN 5290005852-4
Date: 16 February 1995
Court: Youth Court
Location: Auckland
Judge: Harvey DCJ
CYPFA: s276
Charge: Aggravated Robbery
Key Title: Jurisdiction of Youth Court - s276 offer/election

Summary: B (15) charged with aggravated robbery as robbed a store at knifepoint; indicated a desire to plead guilty. Whether case should be dealt with in YC. Police not opposed to YC jurisdiction. Aggravating factors: B armed with a knife, drunk, threat of violence made to complainant; Mitigating factors: no actual physical injury to complainant, remorseful, first offence, family and victim supportive. Public interest a difficult factor here; community requires retributive approach but need for rehabilitation important so YC jurisdiction offered but Judge emphasised that FGC proposal should contain a substantial punitive element with close supervision; Judge tired of seeing FGC reports requiring a minimum of community work which demonstrate no understanding of the seriousness of the offending. Police v James [A Young Person] (1991) FRNZ 628 referred to.

Decision: YC jurisdiction offered.