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F v Police [1998] NZFLR 910 (HC)

Case summary provided by LEXISNEXIS NZ

Name: F v Police
Reported: [1998] NZFLR 910
File number: AP98/98
Date: 5 August 1998
Court: High Court
Location: Auckland
Judge: Elias J
Charge: Burglary; Receiving; Resisting a Constable; Wilful Damage; Depositing Dangerous Litter; Disorderly Behaviour; Assault with Intent to Rob; Common Assault
CYPFA: s352
Key Title:

LEXISNEXIS Summary:

Youth Court - Appeal by parent against order of Court - Defendant had been sentenced to three months’ supervision - No sentencing notes on Court file - Inability of Court to deal with appeal without sentencing notes - Mother distressed at being separated from son - Children, Young Persons, and Their Families Act 1989, s 352.

The defendant had been charged with burglary, receiving, resisting a constable, wilful damage, depositing dangerous litter, disorderly behaviour, assault with intent to rob and common assault. In accordance with the recommendations of the social worker the defendant had been sentenced to three months’ supervision with activity on Great Barrier Island. A further supervision order was made with the Pacific Motu Trust to assist the rehabilitation of the defendant. The mother appealed against the orders of the Court pursuant to s 352 of the Act. She indicated distress that she had been separated from her son. It appeared that he was living in a tent and was unhappy. There were no sentencing notes on the file when the Court came to consider the appeal and the sentencing Judge could not remember the details of the matter.

Held (directing a rehearing)

The Court was unable to deal with the mother’s appeal without the sentencing notes. The only option was to refer the matter to the Youth Court for a rehearing.

Appeal

This was an appeal by the mother of the defendant against orders of the Youth Court pursuant to s 352 of the Children, Young Persons, and Their Families Act 1989.