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

Police v DTA (12 December 2005) YC, Upper Hutt, CRI 2005-292-470
Judge P R Grace

Name: Police v DTA
Unreported:
File number: CRI 2005-292-470
Court: Youth Court
Location: Upper Hutt
Date: 12 December 2005
Judge: Grace DCJ
Charge: Robbery, Burglary, Escaping from Custody; Resisting Police; Possession of an Offensive Weapon; Intentional Damage (x2)
CYPFA: s283(l); s296; s298; s299
Key title: Orders - Community Work; Community Work

Summary: Community work order issued pursuant to s283(l) CYPFA against DTA on 6/12/04 in relation to charges of resisting Police, possession of an offensive weapon and intentional damage. Order stated that work must be completed within 6 months. DTA failed to carry out any community work; had completed part of FGC plan but was unable to complete one aspect of it as drunk; history of absconding. DTA to turn 17.5 years tomorrow; CYFS seek cancellation of community work sentence. Police seek to have matter transferred to the District Court as YC will have no jurisdiction after tomorrow due to DTA’s age. Charges relating to robbery, escaping from custody and burglary also to be finalised.

Police argue s299 CYPFA cancellation may be made “at any time”, this submission is made “at any time” and the Court is therefore vested with jurisdiction. CYFS argue YC has no jurisdiction as 6 month sentence has expired and the application was not made before the sentence expired.

Held: Judge of view the Court must have jurisdiction to deal with cancellation applications at any time because a contrary view enables young people to disappear and then “thumb their nose at the justice system”; public of view that YC too lenient on young people; public interest factor requires that young people are appropriately dealt with.

Matter transferred to DC as incident of drunkenness indicates DTA not sincere; community work not done; further offending; if DTA was an adult he would automatically receive a custodial sentence; special circumstances dictate that a non-custodial sentence could be regarded as inadequate.

Court convened as a DC; DTA convicted; ordered to undertake 150 hours community work (figure agreed to at FGC); under supervision of Probation Service for 12 months with conditions.

Decision: Community work order cancelled.