New Zealand Police v PN [2019] NZYC 360

Published 02 December 2019

Sentencing — unlawfully taking a motor vehicle — resisting police — robbery by assault — assault with intent to injure — unlawfully getting into a motor vehicle — common assault charges — driving dangerously causing injury — failing to stop — shop lifting — Oranga Tamariki Act 1989, ss 282 & 283. The young person appeared at a disposition hearing for 14 charges: two unlawfully taking a motor vehicle, two resisting police, robbery by assault, two assault with intent to injure, unlawfully getting into a motor vehicle, two common assault, two driving dangerously causing injury, failing to stop when followed by red and blue flashing lights and shop lifting. The young person sought a s 282 order, which would mean the young person would leave the Court with nothing on their record — it would be as though the charges have never been laid. The police proposed a s 283(a) order was more appropriate, meaning the young person would face no penalty but the offending would be noted on their record. The young person had been on bail for a long period and genuinely apologised to the victims. However, they had not fully completed some parts of the plan agreed at their FCG. They had not engaged in any pro-social activity, not engaged in a course or programme or apprenticeship and not completed the Living without Violence programme. The Judge determined a s 282 order was not appropriate in these circumstances and a s 283(a) order was the least restrictive outcome available. Judgment Date: 7 August 2019. * * * Note: Names have been changed to comply with legal requirements * * *