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

Police v M (28 September 1999) YC, Otahuhu, CRN 8248025626, Boshier DCJ

Name: Police v M
Unreported
File number: CRN 8248025626
Date: 28 September 1999
Court: Youth Court
Location: Otahuhu
Judge: Boshier DCJ
CYPFA: s385
Charge: Aggravated Robbery
Key Title: Youth Court procedure; Purely Indictable Procedure

Summary: M charged with aggravated robbery; YC jurisdiction not offered under s276 CYPFA; M committed to High Court for sentence; sentenced to 4 years imprisonment. M appealed to Court of Appeal arguing non-compliance with Summary Proceedings Act 1957, s153A in that no proper plea was taken. Court of Appeal allowed the appeal, and the conviction and sentence were set aside (R v Matagiaga, CA155/99, 22 July 1999, Richardson P, Doogue J, Goddard J); matter remitted to Youth Court pursuant to Crimes Act 1961 for proper plea to be taken "according to law"; YP endorsed the Information "I plead guilty to the within information" pursuant to Summary Proceedings Act 1957, s153A. Youth Court Judge noted this statement was more relevant to Summary Proceedings Act 1957, s168; s153A includes no requirement to endorse the Information; Judge requested a written request to be completed pursuant to s153A(2) to establish jurisdiction. Judge opted not to offer s276 jurisdiction as matter had already been before the High Court; guilty plea; thus matter should be dealt with according to Summary Proceedings Act 1957, s153A, not CYPFA s276.

Decision: Defendant remanded to High Court for sentence.