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

Police v JY [2006] DCR 900

Name: Police v JY
Unreported
File number: CRN 05204004940/05204005038
Court: Youth Court
Location: Auckland
Date: 9 March 2006
Judge: Thorburn DCJ
Charge: Possession of methamphetamine for purposes of supply, Importing
CYPFA: s333; s441
Key title: Jurisdiction of the Youth Court – Age; Reports – medical

Summary:
JY charged with importing methamphetamine after drug found in his luggage upon arrival at Auckland International Airport; charges not denied; whether JY under 18 as physical appearance suggested he was older. Despite South African passport listing age as 15, age could be determined by obtaining an x-ray of JY’s wrist; JY refused consent. Age to be determined by the Court: s441(1), issue was whether s333 CYPFA gave power to order x-ray to allow Court to establish age.

Held:
Section 333 does not give the Court power to order compliance with a medical procedure to establish age, as wording of section is such that apparent purpose of ordering compliance with a medical procedure is to ascertain mental state of youth and to provide basis for appropriate orders, not for the purpose of basic evidence to do with jurisdiction and age.

Under s441 the age of JY was fixed as over 17. While not provided for in the section, adverse inference was factored into the s441 finding of age from JY’s refusal to submit to the x-ray, as it was a simple, non-invasive procedure which would not breach any of JY’s ordinary or specific rights. From the information placed before the Court, JY’s age was found to be over 17. This generated a burden on JY to prove he was under 18, which he did not shoulder. As JY was found not to be a young person, he was not caught by the s2 definition and was ineligible to be treated as a young person.