New Zealand Police v NK [2020] NZYC 123

Published 01 October 2020

Sentencing — burglary — unlawfully getting into a motor vehicle — unlawfully being in an enclosed yard — theft — using a document — wellbeing and interests of young person —public safety — Oranga Tamariki Act 1989, s 282 — United Nations Convention on the Rights of the Child — United Nations Convention on the Rights of People with Disabilities. The young person appeared for sentence on seven charges of burglary, two of unlawfully getting into a motor vehicle, one of unlawfully being in an enclosed yard, four of theft and five of using a document. The offending spanned six months. The young person had completed a plan set out for her over the past year, involving community service, engaging in mentoring and apologising to victims of her offending. Everyone who came into contact with the young person noted she was engaged and intelligent, particularly when it came to writing. It was in the wellbeing and interests of the child as well as the public interest to impose a s 282 discharge. This would have the effect of it being as if the charges were never laid, freeing the young person to live a productive life as a positive member of the community. Judgment Date: 4 March 2020. * * * Note: names have been changed to comply with legal requirements. * * *

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