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New Zealand Police v LS [2022] NZYC 223

Published 15 August 2022

Sentencing — transfer to District Court — sexual violation — rape — oral sex — anal sex — digital penetration — doing an indecent act — Oranga Tamariki Act 1989, ss 4, 4A, 5, 208, 283(o), 284, 289 & 296 — R v AM (CA27/2009) [2010] NZCA 114. The proceedings addressed the question of whether the young person should be transferred to the District Court for sentencing. He had previously been found guilty on ten charges of sexual offending against five different victims. Since being found guilty the young person had attended two family group conferences with the victims and their family members, but had shown little genuine remorse or motivation to change. Similarly the young person's parents seemed to be somewhat in denial about his offending. The Court characterised the offending as predatory and large scale. The offending had sometimes involved use of force and had had a major impact on the victims and their families. If committed by an adult, such offending would attract a sentence start point of around eight years' imprisonment. The young person needed rehabilitation but he also had to be held accountable for what he had done. Sentencing options open to the Youth Court would be of limited effect given that the young person would turn 19 in little over a year and no longer be subject to the Court's jurisdiction. The Court convicted the young person on each charge and ordered that he be transferred to the District Court for sentencing. Judgment date: 3 June 2022 * * * Note: names have been changed to comply with legal requirements. * **

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