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

Police v V (4 October 2004) YC, Auckland, CRN 4204003659/ORS, Harvey DCJ

Name: Police v V
Unreported
File number: CRN: 4204003659/ORS
Date: 4 October 2004
Court: Youth Court
Location: Auckland
Judge: Harvey DCJ
Charge: Aggravated Robbery; Burglary; Theft
CYPFA: s283(o)
Key Title: Conviction and transfer to District Court; Orders - Conviction and transfer to the District Court for sentence - s283(o).

Summary: V (16), a Russian student, was sent to study in New Zealand; no real supervision; no family present; V became involved in serious offending with other Russian students. V’s role in offending was secondary and he had acknowledged his wrongdoing and expressed remorse; R v Mako [2000] 2 NZLR 170 considered. Police argued matter should be sent to the District Court and were critical of disclosure of matters arising from FGC. Randerson J in W & Thomas Hohaia v Chief Executive, Child Youth and Family Services (High Court, Auckland, M 793-02, 3 October 2002) referred to. Held: V under peer pressure and isolated from his culture and family and given the rehabilitative focus of CYPFA, matter decided in V’s favour.

Decision: Matter to remain in Youth Court. Orders – supervision with residence for 3 months followed by supervision until V aged 17½ years.