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

Police v JL (23 March 2001) YC, Auckland, CRN 0255015718; 0255018809, Boshier DCJ

Name: Police v JL
Unreported
File number: CRN 0255015718; 0255018809
Date: 23 March 2001
Court: Youth Court
Location: Auckland
Judge: Boshier DCJ
CYPFA: s283(o)
Charge: Sexual Violation - Unlawful Sexual Connection; Sexual Violation - Rape
Key Title: Conviction and transfer to District Court; Orders - conviction and transfer to the District Court for sentence - s283(o); Care and protection cross over - s280; Orders - Supervision with activity - s283(m)

Summary: JL (15) charged with sexual violation by unlawful sexual connection and sexual violation by rape. Complainant was JL’s 9 year old sister; mother a victim of vicious physical abuse by first husband, JL traumatised by mother’s abuse; JL a victim of sexual abuse from age 4. YC jurisdiction offered and accepted, s276 CYPFA; case remanded so JL could attend a "SAFE" programme; Declaration that JL in need of care and protection made; JL made good progress on course and may regress if imprisoned. Crown arguing for s283(o) order with view to sentence of imprisonment; R v Mako [2000] 2 NZLR 170 discussed: two sentencing regimes – first where Youth Court jurisdiction applies and the second where case transferred to District Court or if jurisdiction wholly declined and case remanded to High Court. Precedents do not seek to provide a regime for the way in which Youth Court Judges should approach sentencing having regard to the statutory scheme set out in s284 and s290. Key factors here: safety of victim established, victim primarily concerned about violence against her mother; JL’s history of abuse; FGC recommendation that JL stay in Youth Court; Police agree with importance of working on rehabilitating JL although arguing for imprisonment; no prior convictions.

Decision: Supervision with activity order followed by Supervision in accordance with FGC plan.