New Zealand Police v TD [2020] NZYC 414

Published 15 April 2021

Application for discharge — sexual violation — family group conference — Oranga Tamariki Act 1989, ss 282 & 283. The young person faced one charge, which he did not deny, of sexual violation which carried a maximum penalty of 20 years' imprisonment. The young person had participated in the family group conference process, which included as part of the plan participation in a sexual offending prevention programme. The conference recommended a discharge under s 282 of the Oranga Tamariki Act (which treats the charges as having never been laid) as opposed to a s 283 discharge (which still notes the offending on the Ministry of Justice record). The young person had participated well in the programme and his parents had noticed a positive change in him. The Judge noted that the young person, who had been 16 at the time of offending, had a future ahead of him, which would include travel to the country where his mother is from. The Judge determined, while acknowledging the seriousness of the offence, that a s 282 discharge was appropriate in the circumstances. The Judge discharged the young person accordingly. Judgment Date: 11 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *