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

Police v K-H (8 August 2003) YC, Pukekohe, CRN 2257008263-64, Harvey DCJ

Name: Police v K-H
Unreported
File number: CRN 2257008263-64
Date: 8 August 2003
Court: Youth Court
Location: Pukekohe
Judge: Harvey DCJ
CYPFA: s2(2); s283(o)
Charge: Sexual Violation
Key Title: Jurisdiction of the Youth Court – Age; Orders - Conviction and transfer to the District Court for sentencing – s283(o); Conviction and transfer to District Court

Summary: K-H (14 at date of offence) had committed two offences of sexual violation; whether it was possible to invoke the provisions in s283(o) CYPFA given K-H’s age, CYPFA s2(2) and the precedent cases of Police v S [1996] NZFLR 906 and Police v I (1999) 18 FRNZ 185 (also reported as Police v M [1999] NZFLR 588). Crown referred to decision of Judge Boshier in Police v W (Papakura Youth Court, 8 December 2000) where young person in similar situation transferred to District Court. Authorities discussed in detail along with Police v Edge [1993] 2 NZLR 7; meaning of "proceedings" in CYPFA s2(2)(b). Judge declined to adopt limited interpretation and application of s2(2)(b) found in Police v W where "proceedings" not thought to extend to steps taken after proceedings have commenced - only used to determine whether a charge can be brought against a person and whether the charge can continue. Held: s283(o) provisions not available in this case; CYPFA s2(2)(a)&(b) dictate that the age critical requirement applies to whether the Court has jurisdiction to hear the case and also to the proceedings that follow. Police v I and Police v S (above) upheld.

Decision: Section 283(o) not available and matter to be dealt with under other available provisions of s283.