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

R v HR, MW & WT (22 December 2006, YC, Gisborne, 2006-216-60) Judge Thorburn

Name: R v HR, MW & WT
Unreported:
File number: 2006-216-60
Court: Youth Court
Location: Gisborne
Date: 22 December 2006
Judge: Thorburn DCJ
Charge: Aggravated Robbery
CYPFA: s275
Key title: Jurisdiction of the Youth Court – s275 offer/election
Case Summary: Three young persons jointly charged with adult; aggravated robbery; adult pleaded guilty. Whether to exercise s275(1) CYPF Act discretion for young persons.

Youth Court jurisdiction opportunity given because offending in lower range of seriousness within category; no history of offending for all three (R v H [2004] DCR 97 referred to). Counsel had indicated 3-3.5 years imprisonment a possibility if convicted but YC jurisdiction leaves open possibility of s283(o) transfer with up to 5 years imprisonment possible. Adult jurisdiction would deprive young people of treatment in line with objects and principles of CYPF Act.

Young persons ought usually to be offered the election of YC jurisdiction unless some good reason is demonstrated for not doing so (Police v D (Youth Court, Levin CRN 5254003780 13 May 1995, Judge Inglis QC). Offer of YC jurisdiction should be made as ultimate sanction still possible but other available CYPF Act outcomes should not be thwarted in advance before proper consideration given to them.

Decision: HR, MW and WT granted YC jurisdiction.