IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-404-000249 [2017] NZHC 2445
BETWEEN P
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 3 October 2017 Counsel:
CJA Leys for Appellant
MK Regan for RespondentJudgment:
6 October 2017
JUDGMENT OF DOWNS J
This judgment was delivered by me on Friday, 6 October 2017 at 11 am.
Registrar/Deputy Registrar
Solicitors/Counsel:
Catherine Leys, Barrister, Manukau.
Kayes Fletcher Walker, Manukau.
P v POLICE [2017] NZHC 2445 [6 October 2017]
The appeal
[1] P, a young person, acknowledged committing 38 offences. Judge Moala concluded P’s offending was too serious to be dealt with in the Youth Court and transferred the charges to the District Court for sentencing. The Judge entered convictions for the most serious charges—three of aggravated robbery. P appeals transfer.
Background
[2] Some background. P turned 17 on 5 October 2017. She appears to be a capable and intelligent young woman. But last year—between 22 March 2016 and
4 July 20161—P committed a series of serious offences. Along with others, P broke
into and robbed petrol stations, clothing stores and an alcohol store. Sometimes the group was armed. And sometimes victims were injured—one was hospitalised. The group stole items with a combined value totalling over $100,000—and multiple cars.
[3] Judge Moala had to decide whether to deal with P in the Youth Court or transfer her for sentence to the District Court. The Judge gave a detailed and lengthy oral judgment which was later given to the parties in writing.2 The Judge noted P’s youth, her impressive efforts towards rehabilitation and lack of previous history in the Youth Court. However, the Judge concluded the seriousness of the offending required transfer to the District Court. P says the Judge erred in reaching this conclusion.
Jurisdiction
[4] Jurisdiction for the appeal was not contested. However, it is elementary consent cannot found jurisdiction. And, the law in this area is not without difficulty.
1 Save for one offence committed on 24 January 2015. P broke into a parked car.
2 Police v TP [2017] NZYC 430.
[5] Section 351 of the Oranga Tamariki Act 1989 (the Act) provides rights of appeal in relation to Youth Court decisions.3 A young person may appeal an order made in the Youth Court if:
(a) He or she has “been found by the Youth Court to have committed an offence”: s 351(1); and
(b) The order sought to be appealed is “based on that finding”:
s 351(1)(b); and
(c) The young person has been dealt with under s 283: s 351(2).
[6] A young person may also appeal a Youth Court order if that Court has not dealt with the individual (under s 283 of the Act) within a month of finding he or she committed the offence provided the Youth Court has made any order or imposed any sentence on the young person: s 351(4).
[7] The first issue is whether P was “found” by the Youth Court to…
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- [2017] NZHC 2445
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