Sentencing — assault with intent to rob — transfer to District Court — supervision with residence — Oranga Tamariki Act 1989, ss 208, 283 & 284 — United Nations Convention on the Rights of the Child. The young person, FW, appeared for sentencing in relation to a charge of assault with intent to rob. FW and an older person attacked another person. FW had lunged at the victim, kicked and punched him while the pair tried to take his wallet. The main issue was whether or not to transfer FW to the District Court for sentencing. Section 208 of the Oranga Tamariki Act (the Act) and the United Nations Convention on the Rights of the Child both state that detention or imprisonment should be the last resort and for the shortest possible period of time. Factors that supported transfer were that FW had previously been convicted of aggravated robbery four times. Conversely, the Judge noted FW's tough upbringing in which he had been exposed to domestic violence and drug use. FW himself began using cannabis at 9 years old. A supervision order had been imposed on FW for his prior offending; however his address was listed as "no fixed abode" suggesting access to Youth Court resources and supervision had been very limited for the young person. FW's lay advocate believed there was a window of hope to rehabilitate FW and that sending him to prison would expose a vulnerable young Māori boy to harm and the influence of anti-social elders. It would have been very difficult to rehabilitate FW in an adult prison. For these reasons the Judge decided FW should remain in the Youth Court. Not every option in the Youth Court had been exhausted in relation to FW. He was sentenced to 6 months' supervision with residence, which would allow FW to start a supervision programme if he got early release. Judgment Date: 1 June 2018. * * * Note: Names have been changed to comply with legal requirements * * *