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

Police v E & T (15 February 2005) YC, Wanganui, Callinicos DCJ

Name: Police v E & T
Unreported
File number:
Date: 15 February 2005
Court: Youth Court
Location: Wanganui
Judge: Callinicos DCJ
CYPFA: s276
Charge: Aggravated Robbery
Key Title: Jurisdiction of the Youth Court - s276 offer/election

Summary: E & T (15.5 yrs) charged with aggravated robbery; both indicated a desire to plead guilty. Whether YC jurisdiction should be offered. E & T planned and carried out an aggravated robbery on a shop, with the assistance of two associates. E threatened the victim with a craft knife in the presence of victim’s three-year-old child. T advised the Police of her involvement prior to any contact having been made with her by Police; neither E nor T had previously appeared before the Courts. Leading cases considered: Police v P & T (Young Persons) (1991) 8 FRNZ 642; S v DC at New Plymouth (1992) 9 FRNZ 57; Solicitor General v Wilson and Paul (Harrison J, HC, Auckland, A9/02 and A13/02, 10 May 2002), X v Police (Heath and Courtney JJ, HC, Auckland, CRI 2004-404-374, 7 February 2005) and particularly W v Registrar of Tokoroa Youth Court (1999) 18 FRNZ 433 and Police v James (A Young Person) (1991) 8 FRNZ 628; factors relevant to the exercise of the discretion listed; each factor discussed in relation to this case. Here, T less involved in offence than E; T gave herself up to Police immediately; E less accepting of responsibility; both E & T turning 17 later in 2005; victim supports a rehabilitative attitude; no previous offending; public interest may be accommodated within the YC; s208 CYPFA. Held: T offered YC jurisdiction as objects of CYPFA can be met in the time available. E not offered YC jurisdiction as time available not sufficient to deal with her lesser appreciation of her situation and public interest concerns; further, E more involved in the offending at a more aggressive level. However, remitting of E’s jurisdiction does not indicate the only outcome is one of the most severe kind: para [22] of W v Registrar of Tokoroa Youth Court emphasised.

Decision: YC jurisdiction offered to T but not to E.