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

Police v IB (2 October 2001) YC, Manukau, CRN 1292037261, Lovell-Smith DCJ

Name: Police v IB
Unreported
File number: CRN 1292037261
Date: 2 October 2001
Court: Youth Court
Location: Manukau
Judge: Lovell-Smith DCJ
CYPFA: s283(o), s284, s285, s290
Charge: Aggravated Robbery
Key Title: Conviction and transfer to District Court; Orders - conviction and transfer to the District Court for sentence - s283(o)

Summary: IB (15) charged with aggravated robbery; jointly charged with another young person and two adults; IB was armed with an offensive weapon (a claw hammer) and robbed a shop of 3 hooded sweatshirts. In the process IB hit the complainant 4 times with a claw hammer. FGCs held. Victim and family propose Supervision with residence, Police propose s283(o) CYPFA order. Comments of Judge McElrea on R v Mako [2000] 2 NZLR 170 from Police v Rangihaka CRN 0255019855: Mako not relevant to young people being sentenced within the Youth Court but extremely relevant if young person convicted and transferred to District Court. Sections 284; s285(6), s290 CYPFA considered. Aggravating features: premeditation, IB readily took part and volunteered to arm self with claw hammer, IB central to the offending; serious and gratuitous violence; victim suffered head injuries, vulnerability of small businesses, day time attack. Mitigating features: IB and family remorseful, no previous charges proven in Youth Court. Dysfunctional family, alcohol and cannabis abuse. Principles in s4 and s208 CYPFA. Held: Due to pre-meditation, violence, victim’s injuries, not a suitable case for the Youth Court, having considered all the other alternatives.

Decision: Order – convicted and transferred to the District Court - s283(o).