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Question 1

what CPR is relevant for the application to set aside a default judgment?

and what does it say?

Answer 1

CPR r 13.3(1)

“…the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim;

or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.”

Question 2

what CPR is relevant for setting out the grounds for summary judgment?

Answer 2

CPR 24.3

Question 3

in youth court matters of jurisdiction, which crimes MUST go to CC?

Answer 3

homicide and firearms offences

Question 4

when will a youth be sent to CC with adult?

Answer 4

if charged with homicide or perhaps facing a grave crime where focus on sentence, or when in IOJ for them to be tried alongside adult where emphasis on adult

Question 5

The youth court MUST conduct a [XXX] in respect of youths charged with grave crimes

Answer 5

plea before venue

Question 6

what is the test for determining where a youth should be sentenced?

Answer 6

Is there a real prospect that a sentence in excess of two years’ detention will be imposed on youth?