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

Police v WMT (28 July 2006, YC, Hastings, CRI 2005-220-53; CRI 2006-220-7; CRI 2006-220-60) Judge Watson

Name: Police v WMT
Unreported:
File number: 2005-220-53
Court: Youth Court
Location: Hastings
Date: 28 July 2006
Judge: Watson DCJ
Charge: Wounding with Intent to Injure
CYPFA: s283(o)
Key title: Orders – Convict and transfer to the District Court – s283(o); Conviction and transfer to the District Court
Case Summary: Sentencing of WMT (15) on charge of wounding with intent to injure and other summarily laid charges. Victim found WMT on her balcony; WMT told her he was being chased; she invited him inside to phone his father; number disconnected; victim said she would call Police for assistance; WMT hit her over head with ornament creating a 6cm wound. Whether to convict and transfer to the DC under s283(o). Background of recent offending including aggravated robbery and recent escape from s283(1)(d) CYFS custody.

Section 284(1); thirteen factors from Judge Harvey in Police v James (A Young Person) [1991] 8 FRNZ considered. Judge particularly noted seriousness of offending, history of offending, no victim empathy and that WMT had already been in a custodial situation for 4 months. Noted rehabilitative options available in the YC and that WMT’s age weighed heavily in his favour. Family willing but unable to offer assistance and Australian whanau’s offer to have WMT live with them not feasible until after sentence served. Victim traumatised and wishing to see WMT imprisoned.

Court concerned about number of serious violent youth offenders appearing before it; where there are instances of serious gratuitous violence, sentences of imprisonment must be imposed.

Decision: Section 4, s208 CYPF Act principles - sentence of supervision with residence followed by structured sentence of supervision for 6 months. Rehabilitative option would produce a more positive outcome for the community in the long-term.