The appellants, two young persons charged with manslaughter and robbery, appealed orders transferring their proceedings to ordinary court.
The youth court had concluded that the first appellant could not be rehabilitated within the three-year maximum youth disposition, and that while the second appellant could be rehabilitated, the gravity of the offence required transfer.
The Court of Appeal allowed both appeals, finding that the youth court placed undue emphasis on speculative psychological evidence for the first appellant and misapplied the statutory test for the second appellant by relying on general deterrence.
The Court ordered both youths to be tried in youth court.
