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

NZ Police v SBC, 14 August 2007, Youth Court, Blenheim, Judge Whitehead, CRI 2007-218-00008

Name: NZ Police v SBC
Unreported
File number: CRI 2007-218-00008
Court: Youth Court
Location: Blenheim
Date: 14 August 2007
Judge: Judge Whitehead
Charge: Burglary, indecent act with intent to assault, unlawful possession of a firearm, disorderly behaviour, unlawful taking of a motor vehicle, theft
CYPFA: s283(c)
Key title: Sentence, FGC-Care and Protection

Case Summary:
SBC admitted all charges at a FGC and confirmed his admission in Court. Care and Protection and Youth Justice FGCs were held.
SBC was fit to stand trial in terms of sanity, but it was determined from psychiatric and psychological reports written in respect of him that he suffered from paranoid psychosis. This would require ongoing treatment and SBC’s illness fulfilled the criteria in the Mental Health Act for mental disorder.
The Youth Justice FGC required the Court to approve the FGC plan for SBC to come up before the Court if called upon within a period, pursuant to s283(c) of the CYPFA. The Care and Protection FGC required the Family Court to make an order under s102 of the CYPFA for Interim Custody for six months, the goal being for SBC to return to his family with appropriate support in place. The family said it would work with CYFS to explore options to meet the young person’s needs. The Judge was concerned that the needs were not well defined. The Lawyer to assist the Court had made an application under s8 of the Mental Health (Compulsory Assessment and Treatment) Act for SBC to be compulsorily treated for his mental health disorder. The Judge was concerned about the varying diagnosis for two different consultants and that SBC might fall ‘through the cracks”.

Decision:
Charges proved by admission at Youth Justice FGC. YJ plan accepted and order made for SBC to come up for further action if called upon within 12 months.
SBC to remain in custody