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

Police v P (20 July 2004) YC, Hamilton, CRN 4219024285, Maclean DCJ

Name: Police v P
Unreported
File Number: CRN 4219024285
Date: 20 July 2004
Court: Youth Court
Location: Hamilton
Judge: Maclean DCJ
Charge: Escape from custody
CYPFA: s238(1)(d)
Key Title: Custody - Chief Executive

Summary: P (14) denied two charges under s120(1) of the Crimes Act that she escaped from the custody of CYFS; evidence was that P had been found at 11.30pm on one occasion, and 9.30pm on another, in breach of her curfew pursuant to s238(1)(d) orders; no evidence that anyone had spelt out any formal curfew but there was evidence that P’s mother did not approve of her behaviour; main issue for the Court was whether P "escaped from custody". Held: that custody is "lawful custody", and that if a young person is subject to s238(1)(d) it would follow that absconding would amount to the crime of escaping under s120 of the Crimes Act; however, without clear conditions or a "contract" specifying a curfew the charge was not proven.

Decision: Charge dismissed.