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

Police v W [1995] DCR 756

Case summary provided by LINX

Name: Police v W
Reported: [1995] DCR 756
File number: CRN 5043007168, CRN 5043007298-7301
Date: 22 August 1995
Court: District Court
Location: New Plymouth
Judge: Abbott DCJ
Charge: Sexual Violation
CYPFA: s2
Key Title: Jurisdiction of the Youth Court - Age; Purely Indictable Procedure

LINX Summary:

CRIMINAL PROCEDURE - application for transfer to Youth Court - five representative charges alleging sexual misconduct against ten year old sister - defendant aged sixteen at time of offending, now aged 21 - admits offending - guilty plea to s276(1) Children, Young Persons, and Their Families Act 1989 - confronted behaviour, counselling underway - whether Court has jurisdiction to transfer proceedings from District Court to Youth Court - HELD: no power to order transfer to Youth Court - considered ambiguous s2(2) Children, Young Persons, and Their Families Act 1989 - fundamental principle that age of alleged offender at date of offence should determine criminal responsibility overruled by s2(6) Children, Young Persons, and Their Families Amendment Act 1994 - charge can be laid in District Court for offence committed as young person if offender is 18 at time of charge - cannot then be shifted to Youth Court - application denied, interim name suppression