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New Zealand Police v HH [2021] NZYC 583

Published 16 March 2022

Sentencing — unlawful sexual connection — indecent assault — family group conference — Oranga Tamariki Act 1989, ss 4, 5, 208, 282, 283 & 284 — United Nations Convention on the Rights of the Child 1989 (CRC), art 19 — United Nations Convention on the Rights of Persons with Disabilities 2006 (CRPD) — United Nations General Comment No. 24 on Child Justice 2019 (UNGC) — Criminal Procedure (Mentally Impaired Persons) Act 2003 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, s 7 — Victim's Rights Act 2002, s 17. The young person had committed two offences of unlawful sexual connection and one of indecent assault. He had engaged thoroughly with the family group conference process over a three year period, which included participation in a sexual offending prevention programme. The young person's intellectual disability was acknowledged by the judge and factored into his FGC plan. The conference recommended a discharge under s 282 of the Oranga Tamariki Act, referencing the UNCRC. The police sought an order under s 283 (which would have noted the young person's offending on the Ministry of Justice Record), citing the seriousness of the offending and effect on the victims. The Judge outlined the purposes and principles of the Act, and indicated that respecting and upholding these would be consistent with applying the rights under the CRC to both the young person who is the subject of the proceedings, and those children who are the victims of the offending. The Judge also considered the victim's rights and their best interests as a primary consideration under the Act, and commented on the absence of their views being expressed in court. After reviewing the four primary considerations under s 4A and acknowledging the seriousness of the offending, the Judge determined that a s 282 discharge was appropriate in the circumstances. The Judge discharged the young person accordingly. Judgment date: 6 January 2022. * * * Note: names have been changed to comply with legal requirements. * **

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