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

Police v FG (7 December 2006, YC, Auckland, 2006-204-000786) Judge Thorburn

Name: Police v FG
Unreported:
File number: 2006-204-000786
Court: Youth Court
Location: Auckland
Date: 7 December 2006
Judge: Thorburn DCJ
Charge: Aggravated Robbery; Theft; Unlawfully getting into a motor vehicle
CYPFA: s283(o)
Key title: Orders – Convict and transfer to the District Court – s283(o); Conviction and transfer to the District Court
Case Summary: Application for transfer to District Court. FG and others committed two thefts of alcohol from liquor stores and aggravated robberies of a superette, a service station and a taxi driver. FG admitted involvement.

Serious offending of a “spree” nature warrants a powerful denunciating sentence; one co-offender sentenced to over 6 years imprisonment; Crown have powerful point to argue transfer to DC should take place. Further, FG turning 17 tomorrow and YC orders cannot operate after age 17.5yrs.

However, transfer to DC will not be granted. Section 283(o) CYPF Act transfer requires s290 criteria to be considered. Under s290 there is a presumption against transfer unless Judge satisfied that no alternative under the youth justice legislation is appropriate. Suitable alternatives exist here.

Section 284 factors; personal history; social circumstances, personal characteristics, offender’s good attitude; good response from family; section 4(f); s208(c), s208(d), s208(e) CYPF Act considered.

Family from Ethiopia; waiting process has been a strengthening one for family; FG presents no threat to community; is very gifted and intelligent; has begun making progress towards law-abiding life; genuinely remorseful. To transfer FG and expose him to 2-3 years imprisonment would “torpedo” the seeds of development already laid consistent with the CYPF Act.

Decision: Supervision with residence with shortened period of supervision to follow plus further conditions as to residence, education, mentoring and drug and alcohol services assessment.