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

Police v W (13 December 2002) YC, North Shore, Ryan DCJ

Name: Police v W
Unreported
File Number:
Date: 13 December 2002
Court: Youth Court
Location: North Shore
Judge: Ryan DCJ
Charge: Injuring with Intent to Cause Bodily Harm
CYPFA:  249(5); s322
Key Title: Family Group Conference - Timeframes/limits; Delay

Summary: Application to dismiss Information on grounds that statutory timeframe under CYPFA to hold a family group conference was breached, and that the time delay between commission of the offence and the hearing has been unnecessarily or unduly protracted; Judge finds that the time limit provided for in s249 CYPFA is imperative rather than directory; defendant (16) was 15 at time of offence and is stressed and concerned about likelihood of serving a sentence of imprisonment; vital to dispose of the matter; as provisions of s249(5) are imperative and the FGC was convened out of the time limit the FGC cannot make recommendations and cannot lawfully consider ways in which defendant might be dealt with in relation to the charge.

Decision: The information must be dismissed for want of jurisdiction to make orders pursuant to s283.