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

New Zealand Police v RC, 28 March 2008, Youth Court, Rotorua, CRI 2007-263-000129 Judge Cooper

Name: Police v RC
Unreported:
File number: CRI-2007-263-000129
Court: Youth Court
Location: Rotorua
Date: 28 March 2008
Judge: Judge Cooper
Charge:
CYPFA: s283(o), s283(n)
Key title: Bail, Supervision with activity, conviction and transfer to the DC for sentencing, jurisdiction -Age

Case Summary:

Variation of bail.
Whether R (16 years 10 months) should be retained in the YC for sentencing or convicted and transferred to the DC for sentence.

Submissions from the Youth Advocate that YC jurisdiction was appropriate:

1. The older co-offender (who appeared in the DC) was sentenced to home detention, rather than imprisonment.
2. The complainant did not want R to go to jail, but wanted him to be held accountable for his actions, to make amends and to avoid re-offending.
3. Although the offending involved R acting in concert with another, was disguised and used a weapon (knife), the offending was nevertheless amateurish and little property was obtained.

While agreeing with the Youth Advocate, the YC Judge considered that sentencing was overshadowed by the fact that R was nearly 17 years old. If he was retained in the YC, it would not be until 30 April that a plan could be prepared to enable the court to consider the suggested sentence of supervision with activity, followed by six months supervision. If R were to be sentenced to this order, there would be insufficient time for the sentence to be completed before he turned 17.5 years of age.

Decision:
R was convicted and orders were brought before the DC for sentencing pursuant to s283(o) of the CYPFA.
R was remanded to 16 May in the indictable sentencing list.
Bail to continue and was varied in regard to the curfew provision so that R could attend a programme.