New Zealand Police v NK [2016] NZYC 252

Published 07 November 2016

Supervision with residence order — Children, Young Persons, and Their Families Act 1989, ss 311 and 332 — assault — assault with a weapon — assault with intent to injure — intentional damage — causing damage by fire recklessly. The young person, who was already subject to supervision with residence order (s 311), was charged with 10 serious charges including intentional damage and assault with a weapon. The issue was how to sentence the young person given that a second s 311 order could not be imposed while the young person was already subject to one. Given the young person’s complex cognitive issues and borderline intellectual disability the Judge opined that further specialist guidance, by way of a psychological report (s 332 (a) and (d)), was needed before a sentencing outcome could be decided. Judgment Date: 13 April 2016.* * * Note: names have been changed to comply with legal requirements.* * *