New Zealand Police v YV [2020] NZYC 397

Published 15 April 2021

Application to transfer to District Court — rape — unlawful sexual connection — indecent assault — party to rape — Te Tiriti o Waitangi —Oranga Tamariki Act 1989, ss 4, 4A, 5, 7AA, 208, 283, 284 & 289 — Crimes Act 1961, s 128B — R v AM [2010] NZCA 114 — R v LH [2018] NZYC 470. This was an application by the Crown to transfer the matter to the District Court for sentencing pursuant to s 283(o) of the Oranga Tamariki Act 1989 ("the Act"). The charges against the young person of rape, being a party to rape, unlawful sexual connection and indecent assault had been proven. The Crown submitted that the seriousness of the offending warranted transfer to the District Court as the Youth Court could not provide orders of sufficient length to address the concerns raised by the social worker and psychologist. Counsel for the young person submitted that the young person was 15 at the time of offending and there was still sufficient time under the Youth Court's age jurisdiction for the young person to be appropriately dealt with. Reference was also made to the significant amendments to the Act which came into force on 1 July 2019, including s 7AA (practical commitment to Te Tiriti o Waitangi) and the purposes and principles sections. The Judge considered that a Court-monitored plan was appropriate for the time being prior to determining final disposition. Judgment Date: 12 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *