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W & Ors v Registrar, Youth Court, Tokoroa [1999] NZAR 380 (HC)

Case summary provided by LEXISNEXIS NZ

Name: W & Ors v Registrar, Youth Court, Tokoroa
Reported: [1999] NZAR 380
File number: M 27/99
Date: 25 May 1999
Court: High Court
Location: Rotorua
Judge: Morris J
Charge: Aggravated Robbery
CYPFA: s276
Key Title: Jurisdiction of the Youth Court - s276 offer/election; General principles of sentencing eg Parity/Jurisdiction

LEXISNEXIS Summary:

Youth Court - Aggravated robbery - Youths refused opportunity to elect to be dealt with by Youth Court - Sent to District Court - Whether Judge erred in exercise of his discretion - Whether Judge gave too much weight to public interest consideration - Children, Young Persons, and Their Families Act 1989, ss 4,5,208,276(1),283(o),284.

The applicants were each charged with one count of aggravated robbery in four separate cases. Each had indicated in December 1998 that they would plead guilty. On 10 February 1999 the Youth Court Judge refused to give any of them the opportunity to elect to be dealt with in the Youth Court and ordered each to be brought before the District Court. The applicants sought a review of his decision and an order that each be dealt with by the Youth Court. It was argued that the four judgments given by the Court all mirrored each other and were not specific judgments dealing with the case of each applicant. It was further submitted that the Youth Court failed to take into account all the matters it was required to consider under the Children, Young Persons, and Their Families Act 1989, and the Court gave too much weight to the public interest.

Held (dismissing the applications)

(1) It could not fairly be advanced that the Judge did not act within the sentencing principles consistent with the scheme and purpose of the Children, Young Persons, and Their Families Act 1989. In each of the four judgments, he detailed matters relating to the offence as well as to each applicant. In each case he referred to the volume of aggravated robberies in Tokoroa and surrounding areas. The Judge specifically referred to the factors that he was required to take into account in three of the judgments.

(2) The Judge was at pains to consider each applicant’s case on its merits. The determining factor was the need for the public to be protected against aggravated robberies, which were prevalent in the area. Under s 208, the Judge was obliged to consider the public interest. This was always an important factor in any sentencing consideration. He was entitled to reach the view he did and to exercise his discretion to refuse the applications.

Cases referred to in judgment

R v M and C (1986) 1 CRNZ 694 (CA)
R v P (High Court, Auckland S 89/90, 14 September 1990, Gault J)
R v Police (1990) 6 FRNZ 538
S v District Court at New Plymouth (1992) 9 FRNZ 57

Judicial review

This was an application for judicial review of decisions made by the Youth Court Judge on 10 February 1999 that the applicants be sent to District Court for sentence.