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New Zealand Police v SY [2018] NZYC 463

Published 03 July 2019

Sentencing — transfer to District Court — aggravated robbery — aggravated burglary — aggravated assault — unlawfully takes motor vehicle — aggravated wounding — unlawfully in a building — escaping from custody — Oranga Tamariki Act 1989, ss 4, 208, 283, 284, 289 & 296 — Sentencing Act 2002 — United Nations Convention on the Rights of the Child, art 40(3) — Police v TG [2018] NZYC 261 — R v AF [2018] NZYC 172 — R v JN [2016] NZYC 504 — R v OA [2017] NZYC 412 — Powhare v R [2010] NZCA 68. The young person, SY, appeared for sentencing in relation to a raft of charges, including aggravated robbery, aggravated burglary, aggravated assault, unlawfully taking a motor vehicle, aggravated wounding, being unlawfully in a building and escaping from custody. SY was in youth residence for prior offending when he and two others assaulted residence staff and escaped. They then committed several aggravated burglaries, stole a car and robbed a store. After this bout of offending, SY was arrested and placed in custody again. At sentencing, the Youth Court Judge decided not to transfer him to the District Court. While on a supervision order, SY offended again, committing more robberies, burglaries and assaults. At this hearing, the Judge had to decide whether to transfer SY to the District Court for sentencing or if an appropriate sentence could be administered by the Youth Court. The Crown submitted transfer to the District Court was the only possible sentence. SY was too old to be covered by the Youth Court's jurisdiction, the nature of his offending was serious, he had been given multiple opportunities to reform, showed limited remorse, continued to re-offend, had caused his victims significant harm and rejected every opportunity to address his offending. Counsel for SY submitted that he should remain in the Youth Court as he had a difficult upbringing exposed to drugs and violence, that the serious nature of the offending was only one consideration and that sentencing principles supported keeping young people in the jurisdiction of the Youth Court whenever possible. In the circumstances, there were no viable sentencing options in the Youth Court. SY was transferred to the District Court for sentencing. Judgment Date: 8 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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