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

Nelson v Police (12 March 2002) HC, Auckland, A27/02, Paterson J

Name: Nelson v Police
Unreported
File number: A27/02
Date: 12 March 2002
Court: High Court
Location: Auckland
Judge: Paterson J
CYPFA: s283(o), s290; s348
Charge: Aggravated Robbery
Key Title: Conviction and transfer to District Court; Orders – Convict and transfer to District Court – s283(o); Victim

Summary: Appeal against conviction and transfer of N to District Court under s283(o) CYPFA; N (then 15) and two co-offenders attacked Proprietor of computer game business; plan initiated by appellant; Proprietor collapsed and died of heart attack while later talking to Police; finding of autopsy that stress of robbery likely to have been factor in death but sudden death possible at any time; no charges resulting from death. Appeal on grounds that Judge erred in taking into account the death of the Proprietor as a factor in her decision. Judge’s decision gives impression that Judge placed considerable emphasis on effect of incident on victims; not clear why Victim Impact Statement, which emphasised loss to Proprietor’s family and of view that robbery caused death, submitted as no statutory requirement for this: Victims of Offences Act 1987; Proprietor’s family only "victims" in terms of Victims of Offences Act if robbery caused death and medical evidence did not support this view. Judge’s decision places too much emphasis on the death; Proprietor’s death cannot be used as an aggravating feature for sentencing purposes; Held: Judge’s rejection of Youth Court alternatives based more on the short period that such alternatives would operate rather than the death factor; serious case where transfer to District Court nevertheless appropriate.

Decision: Appeal dismissed.