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NZ Police v ES [2018] NZYC 574

Published 16 August 2019

Sentencing — assault on a female — kidnapping — threatening to kill — injuring with intent to cause grievous bodily harm — wounding with intent to cause grievous bodily harm — assaulting the police — Oranga Tamariki Act 1989. The young person, ES, appeared for sentencing on six charges of assault on a female, two of kidnapping and one each of threatening to kill, injuring with intent to cause grievous bodily harm, wounding with intent to cause grievous bodily harm and assaulting the police. Most of the offending had been against ES's former girlfriend. Two appropriate sentences were put forward: supervision with activity or supervision with residence. If ES were sentenced in the District Court he would certainly receive a prison sentence. However, the Judge noted that ES was still under the umbrella of the Youth Court which has different sentencing principles to the District Court. In this case, the most relevant principles were the need to hold ES accountable for his actions, to encourage him to accept responsibility, to acknowledge ES's needs and give him the opportunity to develop into a responsible and beneficial member of society. ES had been on bail for 10 months at the time of sentencing and had not re-offended. He had sought treatment for his alcohol and drug abuse and anger issues, as well as engaging in other programmes to help him reform. A forensic report identified the most effective way to reduce ES's risk of re-offending was to enable ongoing engagement with the programmes he had been doing well in. In the circumstances, a sentence of supervision with residence was deemed too restrictive, when there was the option of ES remaining safely in the community. The court imposed a sentence of 6 months' supervision with activity. A hearing was scheduled to make a further supervision order at the completion of the activity order. Judgment Date: 19 September 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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