district court logo

New Zealand Police v NB [2018] NZYC 218

Published 18 September 2018

Application to transfer to District Court for sentencing — aggravated robbery — least restrictive outcome — previous similar offending against same victim — culpability — Oranga Tamariki Act 1989, ss 283 & 284 — Police v JMG NZYC New Plymouth CRI-2014-243-83, 23 December 2014. The young person was facing charges for offending that included an aggravated robbery on a small commercial business that he committed with several associates, involving the use of weapons, assault and disguises. The young person had previously been involved in similar offending at the same premises and had recently finished rehabilitative programmes aimed at addressing underlying factors including his drug use. The prosecution sought a transfer of the matter to the District Court for sentencing, whilst the defence requested that the transfer application be declined, taking the position that the Youth Court was able to address the offending in the least restrictive manner. The court noted that it did not appear that the young person's family or supports had any real influence over him, the significant interventions that had previously taken place in respect of earlier offending by the victim that had been ineffective, and the repeated nature of the offending against the business that was the victim in this matter. The young person's culpability was assessed as being equal to that of his co-offender that had been armed with a machete and had physically engaged with the victim, causing significant injury. The young person was described by the court as being "one of the leaders and not the followers". The court acknowledged that it was preferable to keep young people within the Youth Justice system, however, it found that the young person must be transferred to the District Court for sentencing with specific reference to the seriousness of the offending, the young person's propensity towards dishonesty offending, the ineffectiveness of previous sentences to deter the offending and the importance of protecting the public. The application to transfer the matter to the District Court for sentencing was granted. The young person was discharged on a secondary charge of assault under s 283(a) of the Oranga Tamariki Act. Judgment Date: 23 March 2018. * * * Note: Names have been changed to comply with legal requirements * * *

Tags