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New Zealand Police v AD [2017] NZYC 351

Published 30 August 2018

Application for conviction and transfer to High Court — jurisdiction to transfer — attempted murder — charge not denied — Children Young Persons and Their Families Act 1989, ss 208, 283, 284 & 289. An application was made to convict the young person of a charge that was not denied, and have the case transferred to the High Court for sentencing. The young person was charged with the attempted murder of the victim after stabbing her 15 times with a kitchen knife. The court found that convicting the young person and transferring the file to the High Court was the appropriate course of action having regard to the relevant provisions and the nature of the offending. The court noted that there was no case law of the interpretation of s 283(o)(ii) and that the section was worded in a way that was open to alternative interpretations. The court further noted that dependant on the interpretation followed there is a question of whether the court had jurisdiction to transfer the case to the High Court, given the maximum penalty of 14 years for the charge faced by the young person. The issue before the court was whether the discretion to convict and transfer to the High Court is in respect of all category 4 offences, or only those category 4 offences where the maximum sentence is one of life imprisonment and the court considers that a sentence of life imprisonment may be appropriate? The court read s 283 in a "straightforward" manner and bearing s 275 of the Criminal Procedure Act in mind and found that the court did have the jurisdiction to convict and transfer in two circumstances: where the offending is a category four offence and; an offence in any category that carried a maximum penalty of life imprisonment. Having regard to the exceptionally serious and unique circumstances of the offending; and the relevant legal principles, the court convicted the young person and transferred the case to the High Court. Judgment Date: 22 June 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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