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

Police v RTP , 15 August 2007, District Court, Dargaville, Judge Becroft, CRI-2007-288-000073 CRI-2007-211-000009

Name: Police v RTP
Unreported
File number: CRI-2007-288-000073 CRI-2007-211-000009
Court: District Court
Location: Dargaville
Date: 15 August 2007
Judge: Judge Becroft
Charge: wounding with intent to cause grievous bodily harm
CYPFA: s276 Rating: 3
Key title: jurisdiction – s276 Rating: 3
Key title: adjournment Rating: 2

Case Summary:
R (14 years old) had indicated a desire to plead guilty. FGC conference unable to agree whether YC jurisdiction should be offered s276 CYPFA, or be remanded to DC for sentence.

Court outlined reasons for its decision:

R under influence of alcohol at a party. Previous violence between R and victim. Punching occurred at party, after which R left. R returned to party with steel spike sharpened at both ends. Victim stabbed through ear with spike, nearly entering the brain; A sentence of up to two years imprisonment would ordinarily be available; First violent YC offence. A history of family violence; A report to the Court indicates a number of psychological risk factors, but all can be overcome with help; Enormous family support; Encouraging attitude in court.

Youth Court options canvassed, but Police submit that R needs longer supervision than top end YC sentences. YC jurisdiction not right. Yet imprisonment not right either.

Comment that law reform needed to prevent injustice that arises because 14 year olds cannot be convicted and transferred to the DC, but, if not able to be offered YC jurisdiction, can only be dealt with (more harshly than 15-16 years olds, who are able to be convicted and transferred) in the High Court.

Decision:
Decision on offering YC jurisdiction adjourned. FGC ordered to formulate plan based on psychological report. Plan to be monitored (possibly monthly) for up to 18 months.