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New Zealand Police v OV [2018] NZYC 490

Published 03 July 2019

Sentencing — sexual violation — rape — Oranga Tamariki Act 1989, ss 282, & 283 — R v King [2017] NZDC 26660. The young person, OV, appeared for sentencing in relation to one charge of sexual violation and one of sexual violation by rape. Over a five month period OV used physical force to make two different girls engage in sexual activity. OV wanted to receive a s 282 order under Oranga Tamariki Act ("the Act"). This would mean he would face no penalty and there would be no record of his offending. OV submitted he had supportive family, had completed safe sex programmes, written letters of remorse to the victim and was gainfully employed with a bright future that could be dimmed by facing penalty for his offending. He also had no history of offending. Police submitted the more appropriate sentence would be a s 283(a) order, which would result in OV having a record of his offending. The victim impact statements talked about the ongoing impact of OV's offending, one of the victims had turned to alcohol and drugs to self medicate to cope with what happened and had ended up in hospital. There is no tariff case in the Youth Court to guide sentencing, so the Judge had to consider all the circumstances are the specific offending. The Judge stated the offending was simply too serious for a s 282 order and made an order under s 283(a) of the Act. OV would have a criminal record but no further penalty was imposed. Judgment Date: 20 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *