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

Police v C (9 April 2002) DC, Waipukurau, CRN 0281003969, Perkins DCJ

Name: Police v C
Unreported
File number: CRN 0281003969
Date: 9 April 2002
Court: District Court
Location: Waipukurau
Judge: Perkins DCJ
CYPFA:
Charge: Sexual Violation; Indecent Assault
Key Title: Databank Compulsion Order; Youth Court procedure

Summary: C (14) charged with committing an indecent act on a 10 year old boy and a separate charge of sexual violation; C applied to plead guilty to the charges pursuant to s276 CYPFA; Informations were endorsed "formally admits guilt to charge"; Whether C has been convicted of a relevant offence such that there is jurisdiction to make an order under Criminal Investigations (Blood Samples) Act 1995, s39. Discussion of Youth Court procedure; Criminal Investigations (Blood Samples) Act 1995, s2 definition of "conviction" includes Youth Court finding that charge is proved either by admission or following a defended hearing. Rarely if ever will a Youth Court Judge note a plea of "guilty" or a "conviction" on the Information. Notation of "formally admits guilt" on the Informations in this case equates to the normal notation of "proved". Police v S (2000) 19 FRNZ 72 distinguished. As charges are proved, this case falls within the definition of "convicted" in the Criminal Investigations (Blood Samples) Act 1995. Judge expressed sympathy for grandmother’s pleas against the granting of the application but emphasised that once the grounds of application are established, a Judge has no discretion.

Decision: Grounds for the application for databank compulsion order established therefore no discretion to refuse the making of the order.