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

R v ZF (26 October 2006, YC, Napier, CRI-2006-241-113) Judge Becroft

Name: R v ZF
Unreported:
File number: 2006-241-113
Court: Youth Court
Location: Napier
Date: 26 October 2006
Judge: Becroft DCJ
Charge: Aggravated Robbery
CYPFA: s283(o)
Key title: Orders – Convict and transfer to the District Court – s283(o); Conviction and transfer to the District Court
Case Summary: Z and two 17-year-olds jointly charged with aggravated robbery of dairy with replica firearm. Z indicated desire to plead guilty; FGC; YC jurisdiction offered and accepted. Whether s283(o) Order to be imposed. Section s4; s5; s208; s290 considered; Police v Rangihika [2000] DCR 866, 872; S v Police [2000] NZFLR 380. Difference between decision for s283(o) order and supervision with residence order often one of degree, seriousness, background family circumstances and public interest.

Z’s unblemished character, that he is a capable and talented person (had saved a swimmer from treacherous seas), family support and Youth Justice principles dictated that Z be given a second chance. This must be balanced against seriousness of offending, pre-meditation, effect on victim; parity, fairness, consistency with other offenders and fact that Z intimately involved and the public interest.

Decision: Z to be convicted and transferred to the DC but as per X v Police (HC, Auckland, CRI 2004-404-374, 11/2/06), three comments made for the DC’s information - (i) strong mitigating factor that all 3 offenders had no offending history, (ii) HC conflict as to application of youth justice principles in the DC but Judge’s view that it is insufficient for Z to be sentenced using adult tariff and subtracting additional prison time because of youth. Adult Courts must grapple with developmental immaturity of young people; teenagers must be dealt with in qualitatively different way: Roper v Simmons (1 March 2005) 543 US; (iii) if sentenced to a period of imprisonment of under 2 years may be eligible for home detention.