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R v NB [2019] NZYC 225

Published 16 August 2019

Sentencing — unlawful sexual connection with a female under 12 years — raping a female under 12 years — Oranga Tamariki Act 1989, ss 4, 5, 282 & 283. The young person, NB, appeared for sentence after not denying three charges of unlawful sexual connection with a female under 12 years, and one of raping a female under 12 years. The offending spanned two weeks and the victim was NB's sister, who was under six years old. NB had successfully completed his family group conference plan which involved WellStop therapy, mentoring and 100 hours' community service. The main issue for the Judge to decide was whether to sentence NB under s 282 or 283(a) of the Oranga Tamariki Act ("the Act"). A discharge pursuant to s 282 results in the charges being deemed to never have been filed. A discharge without further order pursuant to s 283(a) results in the police being able to keep on record details of an offender and the offence. Such information can be disclosed to the Youth Court in the event of further offending. The Crown acknowledged NB had done everything that had been asked of him, but submitted that a discharge under s 283(a) of the Act was the least restrictive sentence available in the circumstances. Given the very serious nature of the offending and the significant impact it had (and would continue to have) on the victim, a s 282 discharge was not appropriate. NB's social worker took the same position. Although NB had expressed remorse and a good attitude to addressing the offending, the Judge found that a s 283(a) discharge was the least restrictive approach appropriate in all the circumstances. Only such a discharge would appropriately take into account the effect of the offending on the victim. Judgment Date: 21 May 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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