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

Police v M, N & Z 16 March 2007, Youth Court, Dunedin, CRN 7212008000, CRN 6212008002 and 7212000049-83, CRN 6212008003 and 7212000084-117 Judge O’Dwyer

Name: Police v M, N & Z
Unreported
File number: CRN 7212008000, CRN 6212008002 and 7212000049-83, CRN 6212008003 and 7212000084-117
Court: Youth Court
Location: Dunedin
Date: 16 March 2007
Judge: Judge O’Dwyer
Charge: aggravated robbery
CYPFA: 283(o)
Key title: sentencing
Case Summary:
Young persons (YPs), all 16 yrs at time of offending. During period without adult supervision, YPs had committed minor offences, then planned robbery, and stole sweets from a dairy, disguised, and with knives. Offending was out of character, and none had appeared in YC before. All three admitted charges, expressed remorse, apologised, and wished to make reparations.

Judge considered CYPFA s290 and s208 principles, W v Registrar of Tokoroa YC [1999] FRNZ 433, X v Police (11 February 2005) HC, and R v Patea Glendinning [2006] DCR 505 HC.

Factors in sentencing included: each YP participated in planning offence, disguises, knives. Personal circumstances: M was high achieving at school, but negatively influenced by relationship with mother and death of relative. Now responding well to bail conditions. N has struggled at school, is promising in cultural activities and sport, and has a supportive family. Z’s offending was out of character, is in fulltime training, but had since breached bail and re-offended. Z had a tragic family background, which had not been helped by a lack of professional support and counselling. All families have been supportive, and expressed shame and disappointment.

Police argue for conviction and transfer to DC (s283(o)) due to: seriousness of offending; greater range of sentencing options in DC; lack of time remaining in YC jurisdiction.

Judge commented that each YP needs a long period of supervision. Supervision with Activity not suitable to meet the seriousness of the offending, and not capable of including an order for community work. Supervision with Activity would not meet Youth Court sentencing goals in this case.

Decision:
Conviction and transfer to DC for sentencing. Community-based sentencing options are likely, but YPs will have to deal with the conviction on their record. Reports ordered.