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Police v B [a young person] (2001) 20 FRNZ 364; [2001] DCR 627; NZFLR 585

Case summary provided by BROOKERS

Name: Police v B [a young person]
Reported: (2001) 20 FRNZ 364; [2001] DCR 627; NZFLR 585
File number: CRN0290031253
Date: 31 January 2001
Court: District Court
Location: Waitakere
Judge: McElrea DCJ
Charge: Robbery; Assault
CYPFA: s283(o); s284; s290
Key Title: Conviction and transfer to the District Court; Orders - convict and transfer to the District Court for sentence - s283(o); Youth Court procedure

BROOKERS Summary:

Youth justice - Transfer of proceeding - Charged with robbery - Assault to head and body - Offence admitted at family group conference - No formal plea - Whether the charge was "proved" - Whether grounds for transfer established - Children, Young Persons, and Their Families Act 1989, ss 276, 283(o), 290, 284.

The accused ("B"), a young person aged 16 years 11 months, was charged with the robbery of a handbag and wallet containing $300. The robbery took place at a petrol station at 11 pm on 18 May 2000. The victim, a bus driver, was refuelling when the offence occurred. The victim heard what sounded like someone in the bus and went to investigate. She was confronted by B who grabbed her arm and punched her twice in the face causing bruising and a black eye. When the victim went inside the bus to call for help, B returned and attacked her again, punching her about the head and body and kicking her in the back when she tried to pick up her handbag. Initially B was charged with the more serious offence of aggravated robbery, but this was withdrawn by the police when the matter was referred back after an appeal to the High Court. The appeal was based on the fact that the purely indictable charge had not been subject to a jurisdictional discretionary decision of the Youth Court Judge under s 276 Children, Young Persons, and Their Families Act 1989. No formal plea was taken, but at a family group conference B admitted to having committed the offence. B had appeared before the Youth Court on a considerable number of charges, including another robbery where an elderly man was pulled from his car and beaten. B was previously sentenced to supervision with activity by way of Court order.

Held, convicting B and transferring the case to the District Court for sentencing:

(1) Section 283 requires that the matter before the Court be "proved" before any order is made transferring a young person to the District Court for hearing. There is no requirement under s 283 that a formal plea be taken. A matter is proved sufficiently if it is noted as having been proved by admission at a family group conference, provided that the Youth Court Judge has affirmatively turned his mind to the question of whether that proof is available. (p 366, line 7)

C v Police (2000) 19 FRNZ 357 distinguished

Police v M 19/1/01, Judge Harding, YC New Plymouth CRN0043004443 approved

R v J 2/3/99, CA404/98 distinguished

(2) Grounds for transferring the matter to the District Court were established under s 290(1)(b) and (c). The nature and circumstances of the offence were such that, if B was an adult, a full-time custodial sentence would have been imposed. [(2001) 20 FRNZ 364, 365]Due to the special circumstances, any order of a non-custodial nature would have been clearly inadequate. The nature and extent of the violence in this case, coupled with B’s previous history of violence of a similar nature, demanded a serious sentence that carried a deterrent message and that could operate to cause his confinement in prison if he reoffended. (p 368, line 28; p 369, line 22)

Cases referred to

C v Police (2000) 19 FRNZ 357
Police v M 19/1/01, Judge Harding, YC New Plymouth CRN0043004443
R v J 2/3/99, CA404/98
R v Mako [2000] 2 NZLR 170; (2000) 17 CRNZ 272

Hearing

This matter dealt with the question of whether the young person should be transferred to the District Court under s 283(o) Children, Young Persons, and Their Families Act 1989.