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

Police v Anderson (18 April 2002) HC, Rotorua, S.02/1649, Baragwanath J

Name: Police v Anderson
Unreported
File number: S.02/1649
Date: 18 April 2002
Court: High Court
Location: Rotorua
Judge: Baragwanath J
CYPFA:
Charge: Manslaughter and Dangerous Driving causing Death and Injury
Key Title: Sentencing in the adult Courts - other; Sentencing in the adult Courts - application of Youth Court principles

Summary: A (just 14 at time of offence) high on cannabis; crashed car taken without authority; killed passenger. Pleaded guilty to manslaughter and dangerous driving causing death and injury; Criminal Justice Act 1985, s5 applies to motor death cases: Brodie v R [1999] 2 NZLR 513. Criminal Justice Act 1985, s7 to be read subject to s5; s7 comparable with UNCROC Art. 37; R v Mahoni (1998) 15 CRNZ 428, 436-7, where Court of Appeal emphasised the public interest but recognised that in some circumstances an allowance may be made to take account of immaturity, discussed; but only modest allowance for youth in this class of offending: R v Abraham (1993) 10 CRNZ 446, 449; Crimes Act 1961, s150A. Here important factors: consumption of drugs, excessive speed, disregard of passenger’s warnings, persistent bad driving, unlicensed, incidence of death and also the taking of a vehicle. In mitigation: guilty plea and age.

Decision: Four years imprisonment in relation to both offences to be served concurrently.