Published 12 December 2017
Sentencing — aggravated robbery — unlawfully using a motor vehicle — burglary — unlawfully in an enclosed yard — common assault — speaking threateningly — jurisdiction of youth court — whether sentencing to take place in youth court. The young person was involved in a number of offences over a period of two days including an aggravated robbery of a store with a number of associates. The court considered whether the young person should be sentenced in the youth court, given the number of previous convictions, and the fact that the young person had already received the most serious sentence available to the youth court previously. The court considered the number of previous charges that the young person had faced, the seriousness of the offending and the likely term of imprisonment that the District Court would impose. The court took into account whether a Youth Court sentence would be adequate to address the offending. Further, considerations pursuant to both New Zealand and international law were taken into account, as well as the submission that the young person had not been subject to all of the sentences available in the Youth Court, particularly judicial monitoring. The court found that a Youth Court sentence would meet the concerns raised by the Crown and the defendant was sentenced to six months' of supervision with residence, to be followed by 12 months' supervision. Judgment Date: 5 April 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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