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

Police v S (15 July 2002) YC, Lower Hutt, Mill DCJ

Name: Police v S
Reported:
File number:
Date: 15 July 2002
Court: Youth Court
Location: Lower Hutt
Judge: Mill DCJ
CYPFA: s276, s284
Charge: Wounding with Intent to cause Grievous Bodily Harm
Key Title: Jurisdiction of Youth Court - s276 offer/election; Reports - psychological

Summary: S (15) charged with wounding with intent to cause grievous bodily harm; callous and serious premeditated assault; S punched, kicked and stabbed a stranger; indication of desire to plead guilty; whether Youth Court jurisdiction should be offered. Psychologist’s report: Oppositional Defiant Disorder; anger; little empathy for victims; psychological issues need to be addressed. FGC held; family recommended Youth Court jurisdiction and supervision with activity; Police recommended s283(o) CYPFA transfer. Whether orders under s283 are adequate and appropriate to deal with the young person; full discussion of principles relevant to the application of s276; consideration of s284 factors; P v T (1991) 8 FRNZ 642 McElrea J discussed where criteria from US Supreme Court decision in Kent v US 383 US (1966) set out. Relevant factors here included: serious offence; suffered from several psychological disorders, no previous record; significant family and community support; s283(o) transfer still open if Youth Court jurisdiction offered; evenly balanced case.

Decision: Youth Court jurisdiction offered as opportunity for detailed plans from FGC necessary.