Police v JE [2020] NZYC 435

Published 01 October 2020

Youth offending — aggravated burglary — 17-year-old — transfer to District Court — Oranga Tamariki Act 1989, s 275(2)(a) & sch 1A. The young person had been charged with aggravated burglary. The issue was whether to transfer the young person to the District Court. The young person was 17 at the time of offending and a charge of aggravated burglary was listed in sch 1A of the Oranga Tamariki Act 1989 (OTA). Section 275(2)(a) of the OTA came into effect on 1 July 2019 and required that a young person charged with an offence listed in sch 1A be transferred to the District Court where no trial was to proceed in the Youth Court. Counsel for the young person submitted that the young person should stay in the Youth Court as there were more options available in terms of sentencing, especially as the young person had said she wished to engage in restoration. The Judge agreed but concluded that that was not the legislative criteria, and that the criteria for transferring the young person to the District Court had been met. The Judge formally transferred the young person to the District Court and made a referral for restorative justice. Judgment Date: 12 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *