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

The Crown v J T 21 December 2006, Youth Court, Auckland, CRI-2006-000750 Judge J L Rota

Name: The Crown v J T
Unreported:
File number: CRI-2006-204-000750
Court: Youth Court
Location: Auckland
Date: 21 December 2006
Judge: Rota J
Charge: Aggravated Robbery, assault with intent to injure, assault with intent to rob, burglary, wounding with intent to injure
CYPFA: s283(o)
Key title: Conviction and transfer – sentencing in the Adult Courts – aggravated robbery

Case Summary:
Successful application by the Crown for an order that the defendant, a YP be transferred to the DC for sentencing. The defendant was aged 15 at the time of the offending and faced four charges of aggravated robbery, assault with intent to rob, burglary, and wounding with intent to injure on two occasions. The aggravated robberies are purely indictable. The YC considered the provisions of ss280(o) and 290 of the CYPFA.
The Court took into account the general history of offending of the defendant (being over three years), and the alarming conduct of the defendant while on bail. The Court considered the preconditions of s290 were met and that a non-custodial sentence would be inadequate. The Court preferred the approach of Police v S and M [1993] DCR 1080 and Police v James (1991) 8 FRNZ 629 over Police v P [2006] DCR 120, the latter being relied on by counsel for the defendant. Police v P was distinguishable as the defendant in that case had an absence of offending history and an otherwise impeccable record and a real likelihood of no further offending.

Decision:
The defendant was convicted and transferred to the DC for sentencing. On each charge the defendant was remanded in custody to 19 January at 9am for a full probation Officers Report and for sentence.