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

Police v SS [2005] DCR 269

Name: Police v SS
Reported: [2005] DCR 269
File number: CRN 4204003278; CRN 4204003280
Date: 11 November 2004
Court: Youth Court
Location: Auckland
Judge: Harvey DCJ
CYPFA: s283(o); s290
Charge: Aggravated Robbery
Key Title: Conviction and transfer to District Court; Orders - Conviction and transfer to District Court for sentence - s283(o)

Summary: Notes on sentencing. SS (16) charged with two counts of aggravated robbery; gun used in one; first charge not denied; second charge proven in Youth Court. Whether SS should remain in the Youth Court or be transferred to the DC for sentence (s283(o) CYPFA). SS had a long history of problems in residential centres; ADHD; absconding; intensive social work input and programmes since 1995. Judge noted that in R v Mako [2000] 3 NZLR 170 the Court of Appeal stated that the terms of imprisonment suggested in that case may be reduced for young people; however, there is still a presumption of imprisonment; presumption regrettably often overlooked; section 290 CYPFA considered. Held: SS over 15, offences purely indictable and youth justice avenues no longer adequate, s290 grounds made out for s283(o) transfer. Every opportunity extended to SS in the past – all attempts "thrown back in the face of those who have endeavoured to assist".

Decision: Orders – Conviction and transfer to the District Court - s283(o).