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

Police v DKJ 12 March 2007, Youth Court, Porirua, CRI-2006-291-115 Judge Becroft

Name: Police v DKJ
Unreported
File number: CRI-2006-291-115
Court: Youth Court
Location: Porirua
Date: 12 March 2007
Judge: Judge Becroft
Charge: Indecent assault
CYPFA: s282
Key title: Discharge - s282
Case Summary:
D (14yrs old at the time of the offence) charged with indecently assaulting 4yr old girl who was in the care of his mother, a childcare worker. D left in charge of a number of children because of medical emergency. Others went outside, while victim remained with D. D lifted her top and tickled her stomach. D also pulled down her pants and used his fingers to play with her vagina and backside, telling her it was a tickling game.

D admitted offence at intention to charge FGC. All FGC plan components completed, but no agreement on discharge. Family argue for absolute discharge under s282. Police argue for s283(a) discharge with offending noted but no further penalty.

Even though no listed criteria, Judge took into account all s284 factors, as well as general objects and principles. Relevant factors were: age, school attendance, plans to enlist in the airforce, supportive family, good parents, “a model family”, excellent attitude, honestly during counselling, written apology. Counsellors assessed D at lowest risk of re-offending, with low background risk factors, no evidence of sexual preference for children, and motivated primarily by curiosity. D also remorseful.

Police submitted that: victim was not of equivalent age, D breached her trust (albeit in an emergency situation), a s283 discharge is the lowest possible sanction. D’s counsel submitted that a s283 discharge would be an “albatross” around D’s neck for life.

Decision:
Section 282 discharge granted, as if charge never laid. Comments from the bench that this is an “enormous gift”, “once in a lifetime”.