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

Police v D & H (10 June 2002) YC, Auckland, CRN 2204003295 & ors, Thorburn DCJ

Name: Police v D & H
Unreported
File number: CRN2204003295; 2204003143; 2204003144; 2204003234
Date: 10 June 2002
Court: Youth Court
Location: Auckland
Judge: Thorburn DCJ
CYPFA: s283(o), s290
Charge: Aggravated Robbery
Key Title: Conviction and transfer to District Court; Orders - conviction and transfer to the District Court for sentence - s283(o)

Summary: D & H jointly charged on purely indictable matter of aggravated robbery; H charged with two additional matters. D & H punched and kicked stranger causing serious injuries; charges not denied; Youth Court jurisdiction offered and accepted. Whether case should be transferred to District Court under s283(o) CYPFA. No distinction made as to the roles played by D & H as "playing to the same tune of common intention". Section 290(1)(a) and (b) CYPFA satisfied; s290(2) CYPFA; D successful in marae based rehabilitation programme, many hours community work done; D retained in Youth Court jurisdiction. H retained in Youth Court also although less evidence of commitment to change; necessary to ensure consistency between D & H.

Decision: Possible to dispose of matter via orders for D but intervention by social worker recommended for H.