Application to transfer to District Court — sentencing — sexual connection with young person — strangulation — suffocation —assault — youth justice principles — welfare and best interests of young person — victim views — Oranga Tamariki Act 1989, ss 238(1)(d), 283(o) & 284 — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38(1). The young person faced 14 charges: one each of injuring with intent to injure, assaulting a child, other assault on a child under 14, male assaults female, and sexual connection with a female aged 12-16; two of sexual connection with a young person 12-16, and seven charges of impeding breathing/blood circulation. Some of the charges were not denied by the young person and the Judge made findings of fact on the remaining charges. The Crown sought to have the young person convicted on the charges and transferred to the District Court for sentencing pursuant to s 283(o) of the Oranga Tamariki Act ("OTA"). In order for a Court to transfer a young person to the District Court, certain criteria must be satisfied. The young person must either be over the age of 15, or, if between 14 and 15 years of age, the charged proved against the young person must be a category 3 or 4 offence for which the maximum penalty is available or includes imprisonment for life or for at least 14 years. Under OTA, s 184(1A) a court must consider: the gravity of the offending, criminal history of the young person, interests of the victim, and risk posed by the young person to other people. A court also had to consider the purpose and principles under ss 4, 4A, and 5. The charges were serious and prolific, with four victims who were aged between 12 and 15 at the time of offending. Also the young person's involvement with previous programmes and plans had been unsuccessful. He himself was 18 at the time of the hearing and towards the end of the Youth Court jurisdiction. The Judge noted that without successful intervention the young person would continue to pose a risk to others in the community. Keeping the young person in the jurisdiction of the Youth Court was not a realistic option. The Judge convicted the young person on the charges and transferred him to the District Court for sentencing. Judgment Date: 2 November 2020. * * * Note: names have been changed to comply with legal requirements. * * *