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

Queen v CH , 10 June 2008, Youth Court, Waitakere, Judge Recordon, CRI 2007-204-758

Name: Queen v CH
Unreported
File number: CRI 2007-204-758
Court: Youth Court
Location: Waitakere
Date: 10 June 2008
Judge: Judge Recordon
Charge: armed robbery
CYPFA: s283(o)
Key title: orders – convict and transfer to DC

Case Summary:
Charges that CH (aged 15 yrs at the time of the offence) and associate broke into a service station with metal bar, produced a gun, and committed a robbery, gun was an air pistol. Victim handed over cash. Cigarettes also stolen. Victim suffered psychologically. Offending occurred while CH on bail. FGC held but no agreement as to transfer. No history of offending.

Whether or not to convict and transfer to District Court? CH has already made progress despite no remorse at first, and Crown admits that CH has ‘potential’. Family argues to stay in Youth Court despite CH being “known” to CYF since age 3. Family generally supportive.

Crown submits that all wrap around services available in YC also available in DC through probation officers, and that transfer to DC does not automatically result in prison sentences these days, due to new sentencing options in DC. Mentions R v IM, 5 February 2008, where Heath J gave 50% discount for an early guilty plea by the young person. This Court does not share Crown’s faith in probation service, as they are not social workers.

Decision:
Supervision with residence ordered.