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Police v XD [2006] DCR 553 (YC)

Case summary provided by LEXISNEXIS NZ

Name: Police v XD
Reported: [2006] DCR 553
File number: CRI 2005-242-50
Court: Youth Court
Location: Nelson
Date: 17 November 2005
Judge: Zohrab DCJ
Charge: Burglary; Possession of Explosives; Making a Hazardous Substance
CYPFA: s283(f); s283(k); s283(l); s282
Key title: Orders – Supervision Order (s283(k)); Community Work Order (s283(l)); Reparation Order (s283(f); Discharge – s282

LexisNexis Case Summary:

Sentencing – Youth Court – Supervision order – Community work order – Submission filed by police for formal orders – Reparation order – Subsequent family group conference unable to agree on final disposition of matter – Burglary – Possession of explosives – Making hazardous substance – X warned of consequences of continuing with behaviour – Family group conference proposing section 282 discharge – Further offending – Whether Court should adjourn final disposition of matter until report completed on benefit of intervention by medication – Factors under s 284 of Children, Young Persons, and Their Families Act – Children, Young Persons, and Their Families Act 1989, ss 282, 283, 284, 298.

On 6 May 2005 X was spoken to at length regarding making bombs and explosives. He was warned clearly of the consequences of continuing with his behaviour. There was further offending on 15 May 2005 and an interview on 18 May. A Youth Aid contract was signed shortly afterwards. On 25 May 2005 X’s stepfather located a number of hazardous items. X appeared before the Youth Court on 26 May. There was a family group conference on 29 June 2005 and the proposed outcome was that there should be a discharge under section 282 of the Children, Young Persons, and Their Families Act (the Act). In July there were two burglaries and on 14 September 2005 another burglary at Motueka High, which resulted in X being arrested and charged with burglary, possession of explosives and making a hazardous substance. Another family group conference was held on 15 October 2005. A final disposition on how the matter should be finalised could not be agreed on. The police were going to seek a supervision order, a community work order and a reparation order. X’s family, however, did not want him to end up with a formal record. X was before the Court having not denied three charges of burglary, two charges of possession of explosives and two charges of making a hazardous substance. The police were of the opinion that they had given X every opportunity and that there had been a steady progression of defiant behaviour by him. They were seeking formal orders.

Held (supervision, community work and reparation orders made)
1 This was not an appropriate case to be dealt with by a s 282 discharge. The situation was as grim as X’s father was concerned about as there were no convictions. X was still within the Youth Court’s jurisdiction (see para [12]).

2 The Court made an order under s 283(k) of the Act placing X under the supervision of the Chief Executive for six months. A number of additional conditions were that X abide by his curfew, live where directed, take part in programmes identified to support him and not associate with any people who had had an adverse influence on him (see para [14]).

3 A community work order was appropriate and X was ordered under ss 283(l) and 298 of the Act to undertake 80 hours of community work. That was to be performed at the Marsden Cemetery for a minimum of three hours each week and the order was to last for a six-month period. The supervisor was the Chief Executive of the Department of Child, Youth and Family Services (see para [16]).

4 The Court also made a reparation order under s 283(f) of the Act that $700 be payable to the police for the contribution towards the time, cost and effort of their mobilisation (see para [17]).

Hearing
Submissions were filed on behalf of the police asking for the Court to make an order placing X under the supervision of the Chief Executive, a community work order and a reparation order.