Sentencing — sexual offending — sexual violation by unlawful sexual connection — discharge — Crimes Act 1961, s 128(1)(b) — Oranga Tamariki Act 1989, ss 4A, 5, 208, 282, 283(a) & 333 — MW v Police [2017] NZHC 3084 — R v NB [2019] NZYC 225 — Police v SA [2020] NZYC 437 — Police v HC [2016] NZYC 218 — Police v F [2016] NZDC 788 — Police v OD [2018] NZYC 310 — Police v RF [2020] NZYC 41. The young person faced two charges of sexual violation by unlawful sexual connection, both of which he did not deny. He had offended against a two females, who had mutual friends with the young person, while they were asleep. The two separate incidents of offending occurred within a few weeks of each other. Counsel for the young person sought a discharge under s 282 of the Oranga Tamariki Act ("OTA"). The young person had participated in a family group conference (FGC) and a STOP programme, at which his attendance was described as excellent. A psychological report indicated the young person had longstanding behavioural issues, ADHD and a learning disorder. The young person wrote apology letters to the victims as part of the FGC plan, and had completed the plan without issues. The Judge considered cases with similar offending where either a s 282 discharge (which treats the charges as having never been laid) or a s 283(a) discharge (which still notes the offending on the Ministry of Justice record) had been granted. Youth justice principles were also relevant. The Judge considered that a s 282 discharge would promote rehabilitation and reintegration of the young person into the community. While acknowledging the seriousness of the offence, a court was required to impose the least restrictive outcome. Given the young person's participation in the FGC plan and STOP programme, the Judge considered it was appropriate to discharge the young person under s 282. Both charges against the young person were discharged accordingly. Judgment Date: 6 January 2021. * * * Note: names have been changed to comply with legal requirements. * * *