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Police v M [1998] NZFLR 307 (YC)

Case summary provided by LEXISNEXIS NZ

Name: Police v M
Reported: [1998] NZFLR 307
File number: CRN 72040033923-3925
Date: 1 December 1997
Court: Youth Court
Location: Otahuhu
Judge: Carruthers DCJ
Charge: Indecent Assault
CYPFA: s2; s246; s247
Key Title: Jurisdiction of the Youth Court - Age; Youth Court Procedure

LEXISNEXIS Summary:

Children and young persons - Indictable charges laid against 18-year-old youth - Charges laid in the Youth Court - Jurisdiction of Youth Court - Discretion of police to file proceedings in Youth Court rather than the District Court - Children, Young Persons, and Their Families Act 1989, ss 2, 246, 247, 270, 322 - Crimes Act 1961, s 140(1)(A).

The defendant was aged 18 years of age. He faced charges laid indictably in the Youth Court of indecent assault on a young boy. The alleged incidents occurred between July 1993 and July 1996. The charges had originally been laid by error in the District Court and the defendant had been committed to trial in the High Court following a depositions hearing in August 1997. At that time the defendant had been under the age of 18 years and when the error in his date of birth was noticed, the present informations were laid.

The Youth Advocate now raised the question of the Youth Court’s jurisdiction and as to whether or not the police had a discretion to file proceedings in the Youth Court, notwithstanding that the defendant had now attained the age of 18 years and even though under s 2(2)(c) of the Children, Young Persons, and Their Families Act 1989 no family group conference could be directed or authorised.

Held (finding that the Youth Court had no jurisdiction and dismissing the informations)

(1) The police did not have a discretion whether to lay the informations in the Youth Court or in the District Court. Pursuant to s 2(2)(d) the police were "required" to lay the informations in the District Court.

(2) There was no provision in the Act for these charges to be laid indictably in the Youth Court.

Cases referred to in judgment

Police v Edge [1993] 2 NZLR 7
Police v W (1990) 6 FRNZ 711
Police v W (1995) DCR 756

Application

This was a hearing to determine whether the Youth Court had jurisdiction to consider criminal charges laid indictably against a youth now aged 18 years.