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

Police v TDA [1996] DCR 367; [1996] NZFLR 409

Name: Police v TDA
Reported: [1996] DCR 367; [1996] NZFLR 409
File number: CR 5027007163/4/6-9
Date: 13 March 1996
Court: Youth Court
Location: Kaikohe
Judge: Harvey DCJ
CYPFA: s274; s276
Charge: Sexual Violation by Rape; Sexual Violation by Digital Penetration
Key Title: Indication of a desire to plead guilty; Youth Court Procedure; Jurisdiction of the Youth Court - s276 offer/election

Summary: Young person faced five charges of sexual violation by rape and one charge of sexual violation by digital penetration; purely indictable offences; initially offences were denied; later TDA indicated he wished to plead guilty. Issue: when s276 offer not made, upon what statutory authority, following an indication of a plea of guilty, may a YC Judge commit a young person to the HC for sentence. Further, does s153A Summary Proceedings Act 1957 apply and if not, by what other authority may the committal be made other than through a depositions hearing. Discussion of CYPFA s274, s321(1); Summary Proceedings Act s153A, s209. Defendant argued that s153A did not apply and, even where a guilty plea is indicated, a preliminary or "depositions" hearing should take place. Held: provisions of s153A SPA are available, not due to s321 CYPFA, but through s274 CYPFA; s274 incorporates all of Part V Summary Proceedings Act; this includes those sections relating to matters that arise before a preliminary hearing; the wording of s153A makes it clear that it may apply during the course of a hearing as well as before it. Legislation should be interpreted so as to make it work and to achieve its goal; policy arguments – need to avoid delays.

Decision: Matter can be dealt with in the Youth Court on the basis of s153A should the Youth Court Judge decline to offer the courts jurisdiction.