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

Police v DC (7 May 2002) YC, Wanganui, CRN 1283018602, Walsh DCJ

Name: Police v DC
Unreported
File number: CRN 1283018602
Date: 7 May 2002
Court: Youth Court
Location: Wanganui
Judge: Walsh DCJ
CYPFA: s284; s276
Charge: Sexual Violation
Key Title: Jurisdiction of Youth Court - s276 offer/election; Principles

Summary: DC (14) charged with sexual violation of his 5 year old foster sister over a 7 month period; indicated a desire to plead guilty pursuant to s276; whether Youth Court jurisdiction should be offered. Principles in Police v Richard and R & R and S (12 June 1990, Youth Court, Upper Hutt CRN 9278003995/4028, Judge Lee) applied; s284; other authorities canvassed; indication of guilty plea under s276 means that there will be more weight on the issue of disposition and sentencing than under s275. DC had history of abuse and neglect, personable, no empathy for victim; no family support; no previous offences. Section 333 report recommended rehabilitation. Public interest factor difficult; need for punitive measures but also need for DC’s intensive support and therapy; CYPFA emphasised rehabilitation (s5, s208), a point emphasised by the Court of Appeal: W v Registrar Tokoroa Youth Court (1999) 18 FRNZ 433. Imprisonment would not be in the public interest in the long term.

Decision: Youth Court jurisdiction offered.