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

R v Jury, Peterson, Tusini & Wilson (4 May 1998) HC, Auckland, S 17/98, Paterson J

Name: R v Jury, Peterson, Tusini & Wilson
Unreported
File number: S 17/98
Date: 4 May 1998
Court: High Court
Location: Auckland
Judge: Paterson J
CYPFA: s276
Charge: Robbery, GBH
Key Title: Jurisdiction of the Youth Court - s276 offer/election; Indication of Desire to Plead Guilty

Summary: Four young people charged with robbery and GBH; indication that charges would not be denied; decision given declining YC jurisdiction and ordering that all cases be called in the HC; HC decided that the matter should be remitted back to the YC. Held: YC Judge elected not to give the young persons an opportunity of foregoing the right to trial by jury (s276) but did not then ask the young people to plead; Judge has right to decide that the option of Youth Court jurisdiction not be given to young people but once that decision is made the Judge must take a plea from the young person; not done here; must deal with young person in accordance with Summary Proceedings Act 1957, s153A. R v D (1989) 5 FRNZ 549 Holland J. Young person must be given right to elect trial by jury or plead guilty; not done here so committals invalid and matter should be reconsidered by Youth Court.

Decision: Matter remitted to Youth Court.