The State v Juvenile TR

• Jurisdiction: Papua New Guinea
• Citation: (2015) N6023
• Date: 23 June 2015
• Court: National Court
• Year: 2015

Full : CR NO. 1061 OF 2014; The State v Juvenile TR (2015) N6023

National Court: Higgins, J

Judgment Delivered: 23 June 2015

CRIMINAL LAW—Juveniles—Jurisdiction of Courts—Incorrect committal to National Court—Remittal to Juvenile Court—Effect of Juvenile Justice Act 2014 and Juvenile Courts Act 1991.

Cases Cited:

Papua New Guinea cases

State v. A Juvenile M [2005] PGNC 141; N2815

The State v. JK [2012] PGNC 348; N4748

State v. Juvenile H (2014) CR No. 187 of 2013

The State v Bonny Bubu Kaore (2014) N5572

The State v Kevin Aku Knox (2008) N3339

State v. Mamu [2002] PGNC 110; N2228

State v. Wesley Penias [2014] PGNC 41; N5659

Overseas Cases

De Domenico v. Marshall [2001] ACTSC 52

Dibeek Holdings Pty Limited v. Emmanuel Noteras & others [1997] ACTSC 83

Evans v. Shiels [2004] ACTSC 19

Faull v. Commissioner for Social Housing for the ACT [2013] ACTSC 121

Rose v. Snape [2000] ACTSC 115

DECISION

23rd June, 2015

1. HIGGINS, J: TR is a juvenile. He is presently aged 16 years. On the 25th day of March 2013, he was involved in an assault upon Andrew Nakamura. That resulted in a gash to Andrew Nakamura’s head. Whether or not TR struck the particular blow that caused that wound, he was part of the unlawful enterprise of chasing down and assaulting Andrew Nakamura.

2. For present purposes, it is enough to note that he is and was at all material times, a juvenile within the meaning of the Juvenile Courts Act 1991 and its successor the Juvenile Justice Act 2014. The latter Act came into effect on 30 May 2014, after the events giving rise to the indictment presented against him and four adults dated May 2015. The day was not specified in the document but it also preceded the Juvenile Justice Act 2014.

3. The information laid pursuant to the Juvenile Courts Act 1991 charged on offence against s319 of the Criminal Code Act. That offence carries 7 years imprisonment as a maximum sentence. On 22 August 2014, in the Juvenile Court at Kokopo, TR was committed to stand trial in the National Court at Kokopo.

4. On the matter coming before me for trial on 14 May 2015, TR advised, through counsel, that he would plead guilty to a new indictment alleging unlawful wounding contrary to s322(1)(a) of the Code. That carries a maximum penalty of 3 years imprisonment.

5. After the trial of the 4 adults concluded, at which TR gave evidence, I formally accepted his plea of guilty on 4 June 2015 and directed the preparation of a presentence report. TR has no prior convictions or findings of guilt.

6. He next appeared on 23 June 2015. A presentence report was tendered.

7. That highlighted a potential difficulty similar to that faced by Justice Kassman in State v. Juvenile H CR No. 187 of 2013. Similarly, in this matter, until 23 June 2015, no-one raised the issue of the offender being a juvenile though there was no doubt as to that fact. Indeed, he is currently a Grade 7 student at Kabaleo Primary School.

8. There is a Juvenile Court of Kokopo and duly appointed Juvenile Court Magistrates.

9. Under s15 of the repealed Act, the jurisdiction of a Juvenile Court was conferred in the following terms:

“A Juvenile Court has jurisdiction in the area for which it is established under Section 5, in respect of a juvenile—

(a) to hear and determine summarily all offences otherwise triable in a District Court or Local Court; and

(b) where the juvenile is charged with an indictable offence other than homicide, rape or other offence punishable by death or imprisonment for life, to hear and determine the charge summarily in accordance with the provision of this Act.”

s17 of the Act provided:

“(1) Where—

(a) no Juvenile Court has been established in an area; or

(b) a Juvenile Court Magistrate has not been appointed or is absent from duty; or

(c) it is impracticable for a juvenile to be brought before a Juvenile Court...