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R v CD [2021] NZYC 91

Published 01 July 2021

Sentencing — sexual offending — sexual connection with a young person under 16 — doing an indecent act on a young person under 16 — discharge — Crimes Act 1961, s 134 — Oranga Tamariki Act 1989, ss 4, 4A, 5, 208, 282, 283, 284 & 289 — New Zealand Police v OD [2018] NZYC 310 — New Zealand Police v HC [2016] NZYC 218 — Police v F [2016] NZDC 788 — R v NB [2019] NZYC 225 — New Zealand Police v SA [2020] NZYC 437 — MW v Police [2017] NZHC 3084. The young person faced one charge of sexual connection with a young person under 16 and one of doing an indecent act on a young person under 16. He had picked up the victim in a car in which he was a passenger and offended against the victim while the car was parked and the driver was asleep, despite her repeated protestations. The young person did not deny the charges, had participated in a family group conference and completed a Well Stop programme. He had also apologised to the victim and her family and offered $2000 as emotional harm reparation. A discharge under s 282 of the Oranga Tamariki Act ("OTA") was sought, which was a complete discharge and treated the charges as never having been laid, as opposed to a s 283(a) discharge which placed a notation on the young person's file. Counsel for the Crown sought a discharge and admonishment under s 283(b). In assessing an application for a discharge, a court had to take into consideration the principles and purposes of the OTA. The Judge also considered cases with similar or more serious offending where a s 282 discharge had been granted. After considering all the factors, the Judge concluded that a full discharge was the least restrictive outcome in the circumstances. Both charges were discharged under s 282. Emotional harm reparation of $2000 was also ordered, for the purposes of psychological counselling for the victim. Judgment date: 4 March 2021. * * * Note: names have been changed to comply with legal requirements. * **

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