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

Police v JA (March 2002) YC, Wanganui, CRN 0283004242, Walsh DCJ

Name: Police v JA
Unreported
File number: CRN 0283004242
Date: March 2002
Court: Youth Court
Location: Wanganui
Judge: Walsh DCJ
CYPFA: s5; s276; s284; s283
Charge: Burglary; Intentional Damage; Sexual Violation by Unlawful Connection
Key Title: Conviction and transfer to District Court; Orders - Conviction and transfer to the District Court for sentence - s283(o); Principles

Summary: Whether to convict and transfer to the District Court under s283(o) CYPFA in relation to the sexual violation charge; complainant a six year old girl; FGC held; JA admitted sexual violation and burglary charges but denied the intentional damage charge; Police sought s283(o) order.

Section 208 principles summarised; s208 subject to s5; RE v Police [1995] NZFLR 433; W & Others v Registrar Tokoroa Youth Court (1999) FRNZ 433 cited - emphasis in CYPFA on restorative justice and rehabilitation of young offenders but CYPFA and case law also recognise serious offending may necessitate stronger penalties. Consideration of s284 CYPFA factors: section 284(1)(a): serious offending, victim very young, breach of trust by JA who was babysitting; s284(1)(b) broken family, close relationship with grandmother, badly affected by her death, poor social skills, immature, drug and alcohol abuse issues; s284(1)(c) remorse shown but unclear whether JA understood the gravity of his actions; s284(1)(d) family support diminished over time - JA left to hitchhike to attend STOP programme; s284(1)(e) JA apologised to the victim and her mother; s284(1)(f) serious impact on victim, s284(1)(g) no previous offending, s284(1)(h) FGC recommends YC jurisdiction; s290(2) CYPFA. Held: Matter not to be transferred to District Court; JA has complied with all rehabilitative recommendations (community service, lengthy curfew, STOP programme) and his re-offending while on bail was not sexual offending; if matter transferred to District Court for further punitive measures JA would effectively be punished a second time.

Decision: Application for transfer under s283(o) declined.