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

O’Rourke v Police 24 April 2007, High Court, Palmerston North, CRI 2007-454-14 Justice Mackenzie

Name: O’Rourke v Police
Unreported
File number: CRI 2007-454-14
Court: High Court
Location: Palmerston North
Date: 24 April 2007
Judge: Justice Mackenzie
Charge: Car conversion, Reckless Driving
CYPFA:
Key title: Bail, Remand

Whether an offender who was aged 16 at the time of the offending, and on whom a sentence of imprisonment may not be imposed, may be remanded in custody pending sentence.

Case Summary:
Unsuccessful appeal by appellant against a decision of the Youth Court to refuse to grant bail. The appellant, was Young Person aged 16 years and 10 months at the time of committing offences of car conversion and reckless driving. Following his appearance in the YC, the matter was transferred to the DC and was remanded for sentence on 23 April 2007.

The appellant was 17 years old at the time of the remand, and therefore s15(1) of the Bail Act 2000 was applicable. The YP had amassed 76 convictions in the YC over 3 years, many of those committed while on bail.

Issues:
1. The interrelationship between s18 of the Sentencing Act 2002, s7 and s15(1) of the Bail Act 2000 and s142(4A) and (4B) of the Criminal Justice Act 1985. Whether, because a sentence of imprisonment is not able to be imposed, s15 of the Bail Act 2000 is to be read as subject to s18 of the Sentencing Act 2002, so as to preclude a remand in custody.
2. Whether s15 of the Bail Act 2000 is to be read as partially overriden by s18 of the Sentencing Act 2002.
3. Whether the conclusion of the Judge that a remand in custody was appropriate here was a conclusion which the Judge could properly have reached.

Decision : Dismissing the appeal
1. In enacting s18 of the Sentencing Act 2002, Parliament would not have intended an absolute prohibition on remand in custody, pending sentence of a person to whom s18 applied.

2. Section 18 of the Sentencing Act 2002 does not override the Bail Act Provisions. However, section 15 of the Bail Act is not irrelevant and the Court must release a defendant on bail, except under s142(4A) of the Criminal Justice Act, the Court considers that no course other than detention is desirable.

3. In this case the Judge was well aware of the restriction in s18 of the Sentencing Act, but considered that the circumstances required a remand in custody. This was an extreme case and the social worker’s report to the YC described the YP as having the characteristics of a life persistent offender. The YC Judge’s decision to remand the YP in custody was justified.