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R v YV [2018] NZYC 478

Published 03 July 2019

Sentencing — aggravated robbery — aggravated wounding — unlawful taking — unlawful getting into motor vehicle — burglary — using a document — transfer to District Court — Oranga Tamariki Act 1989, ss 208, 283(o) & 284 — Powhare v R [2010] NZCA 268 — R v Mako [2000] 2 NZLR 170 (CA) — Churchward v R [2011] NZCA 531. The young person, YV, appeared for sentencing in relation to two charges of unlawfully getting into a motor vehicle, two separate aggravated robberies, an aggravated wounding, using a document, unlawful taking and a burglary. The offending occurred over the course of a year and the second aggravated robbery occurred while YV was on bail for previous offending after he removed his electronically monitored bail bracelet. The main issue for the Judge to decide was whether YV could be appropriately sentenced in the Youth Court, or if it was necessary to transfer the young person to the District Court for sentencing. Counsel for YV submitted the appropriate sentence was three months supervision with residence, followed by six months supervision. This was the maximum sentence available due to YV's age, as he would soon be too old to fall under the Youth Court's jurisdiction. The Crown submitted that the offending was so serious it warranted sentencing in the District Court. YV had offended while on bail and tried to minimise his role in the offending. One of the victims wanted YV to face the maximum imprisonment available. The Judge decided that YV required a long period of intense rehabilitation that could not be provided in the limited time he had remaining in the Youth Court. YV was to be transferred to the District Court on the two charges of aggravated robbery and the charge of aggravated wounding. All other charges were dealt with under s 283(b) of the Oranga Tamariki Act. Judgment Date: 15 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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