R v DJB HC Christchurch T26/01 17 May 2001

File number: T26/01
Court: High Court, Christchurch
Date: 17 May 2001
Judge: Young J
Key title: Appeals to High Court/Court of Appeal: Jurisdiction, Youth Court Procedure

Summary:
DJB (14) pleaded guilty in YC to charges of sexual violation by rape and unlawful sexual connection against 6-year old stepsister; YC jurisdiction not offered. DJB committed to HC for sentence by YC. Whether YC Judge was entitled to commit YP to HC for sentence. Whether HC has jurisdiction to sentence DJB. Section 274, 275, 276. Section 274(2)(a) applies; open to DJB to plead guilty in accordance with s 153A of the Summary Proceedings Act: Police v TDA [1996] DCR 367.

Section 153A(6) provides that in respect of charges faced by DJB, a plea of guilty under s 153A has the consequence that the Court should 'record the plea and adjourn the proceedings for sentencing of the defendant in accordance with s 28F DCA 1947'. Section 28F(3) & (4). It was open to the YC Judge to commit DJB to HC for sentence but he should have firstly adjourned the case to the DC for sentencing under s 153(6)(a). Adjournment need only have been for a minute or so and the Judge could then have reconvened his Court as a DC and, under s 28F(3)(b) declined jurisdiction and, under s 28G committed DJB to HC for sentence. However, s 204 SPA and s 440 CYPF Act point away from rigid insistence on procedural perfection.

Decision:
HC has jurisdiction to sentence DJB.

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