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

Police v CMT (6 May 2005) YC, Wanganui, CRI 2004-283-44, Judge Callinicos DCJ

Name: Police v CMT
Unreported:
File number: CRI 2004-283-44
Court: Youth Court
Location: Wanganui
Date: 6 May 2005
Judge: Callinicos DCJ
Charge: Aggravated Robbery
CYPFA: s283(m); s283(k); s284
Key title: Supervision with activity; Supervision

Summary: Reasons for Orders made. CMT (“T” in Police v E & T (Unreported, YC, Wanganui, 15 February 2005, Callinicos DCJ on YC Database under Jurisdiction – s276 offer/election) had breached her bail curfew three times; victims who formerly wished the offenders to be rehabilitated now asked that the youth offenders be dealt with firmly – Judge does not see these goals as inconsistent. Police argue that Supervision with activity and Supervision is inadequate with regard to public interest factors and rehabilitation necessary under a Supervision with residence order. CMT embarrassed by her lack of educational ability and not wishing to stand out from her peers by making an effort at school. Held: CMT genuinely remorseful; admitted her offending before her older co-offenders; advised Police who the co-offenders were; bail curfew breached but awaiting resolution of these matters for 10 months – delay necessary to obtain background information, consider jurisdictional matters and formulate comprehensive plan. Placement in formal residence will not enhance CMT’s rehabilitative capacity to any measurable degree; residences not seen as a rehabilitative tool, regardless of the original intentions of the Act; if SWR order made CMT would probably spent first few days of that in Police cells – not rehabilitative. Plan prepared by Chief Executive of CYFs will assess CMT’s educational situation with a view towards one-to-one tutoring to move her towards a mainstream environment. The objects of the CYPFA, the individual and public interests in this case will be far better enhanced by giving CMT the rehabilitative tools she needs within a community environment rather than in a supervised residential situation.

Decision: Supervision with Activity order made pursuant to s283(m) CYPFA and a Supervision Order under s283(k) CYPFA, each order for a period of three months, with conditions.