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

Police v IG 19 September 2005, Youth Court, Wanganui, Judge Callinicos

Name: Police v IG
Unreported
File number:
Court: Youth Court
Location: Wanganui
Date: 19 September 2005
Judge: Judge Callinicos
Charge: aggravated robbery
CYPFA: s283(o)
Key title: sentencing
Case Summary:
IG, aged 15 yrs 11 mths at the time of the offence, admitted charge of aggravated robbery (purely indictable) of dairy with 3 others. YC jurisdiction offered and accepted. CYF initially proposed Supervision with Activity, but later advised that a suitable programme was not available. CYF then proposed Supervision with Residence (CYPFA s283(n)), but Police argued for conviction and transfer to DC.

Judge considered s208 principles, and other YC cases, also W and Others v Registrar of Tokoroa Youth Court (1999) 18 FRNZ 433 NZFLR 1000, and X v Police (11 February 2005) HC, Auckland, CRI 2004-404-374, Heath and Courtney JJ.

IG claimed there were threats from co-accused to take part in robbery, yet Judge described his culpability as moderate to high. IG is described as intelligent, with a supportive whanau, and community, yet he has not stuck to bail conditions. Impact on victims was considerable.

Judge doubted whether Sup with Activity would achieve YC sentencing goals, and other YC options not appropriate due to time and attitude. Hope that a s283(o) transfer would better achieve a community wrap-around sentence and a long period of supervision (only available in DC).

Decision:
IG convicted and transferred to DC for sentence.