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

Police v E (21 December 2000) YC, Manukau, CRN 0287007441-42 & ors, Simpson DCJ

Name: Police v E
Unreported
File number: 0287007441-42; 0257007828; 025008385
Date: 21 December 2000
Court: Youth Court
Location: Manukau
Judge: Simpson DCJ
CYPFA: s2(2); s283(o)
Charge: Aggravated Robbery; Unlawfully Taking a Motor Vehicle; Theft
Key Title: Jurisdiction of Youth Court - Age; Conviction and transfer to District Court; Orders - Conviction and transfer to District Court for sentence - s283(o)

Summary: E was 14 years, 3 months at time of serious offending; charges not denied. Whether person who is now 15 but who was 14 at the time of the offending can be convicted and transferred to District Court under s283(o); and, if so, whether E should be so dealt with. Held: Cannot transfer E to District Court as only 14 at date of alleged offence; section 2(2) CYPFA; section 4(2) and s8 Criminal Justice Act 1985. Can only impose penalties open to Court at time of offending. Maximum flexibility in sentencing is at the point of the decision on jurisdiction, namely whether the matter will be dealt with in the Youth Court or in the High Court. If Youth Court jurisdiction declined, then fullest range of sentencing options open, if not, then s283(o) applies if defendant 15 or older. CYPFA s290; suitable alternatives exist; special rehabilitative measures of Youth Court as recommended by social worker appropriate.

Decision: Order - Supervision with residence s283(n).