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

R v DJB (17 May 2001, HC, Christchurch, T26/01) Young J

Name: R v DJB
Unreported:
File number: T26/01
Court: High Court
Location: Christchurch
Date: 17 May 2001
Judge: Young J
Charge: Sexual Violation – Rape & Unlawful Sexual Connection
CYPFA: s274
Key title: Youth Court Procedure; Purely Indictable Procedure
DJB (14) pleaded guilty in YC to charges of sexual violation by rape and unlawful sexual connection against 6-year old stepsister; YC jurisdiction not offered. DJB committed to HC for sentence by YC. Whether YC Judge was entitled to commit YP to HC for sentence. Whether HC has jurisdiction to sentence DJB. Section 274, 275, 276. Section 274(2)(a) applies; open to DJB to plead guilty in accordance with s153A SPA: Police v TDA [1996] DCR 367.

Section 153A(6) provides that in respect of charges faced by DJB, a plea of guilty under s153A has the consequence that the Court should “record the plea and adjourn the proceedings for sentencing of the defendant in accordance with s28F DCA 1947”. Section 28F(3) & (4). It was open to the YC Judge to commit DJB to HC for sentence but he should have firstly adjourned the case to the DC for sentencing under s153(6)(a). Adjournment need only have been for a minute or so and the Judge could then have reconvened his Court as a DC and, under s28F(3)(b) declined jurisdiction and, under s28G committed DJB to HC for sentence. However, s204 SPA and s440 CYPF Act point away from rigid insistence on procedural perfection.

Decision: HC has jurisdiction to sentence DJB.