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New Zealand Police v PW [2022] NZYC 399

Published 25 July 2023

Oral judgment — application for discharge — wounding with intent to cause grievous bodily harm — Oranga Tamariki Act 1989, ss 4, 4A, 5, 208, 282, 283 & 284 — United Nations Convention on Rights of the Child — United Nations Standard Minimum Rules for the Administration of Juvenile Justice — Police v LS [2015] NZYC 600 — R v QK [2019] NZYC 287 — P v DX [2019] NZYC 279. The young person appeared for a charge of wounding with intent to cause grievous bodily harm. He had entered a random house late at night and stabbed the occupant, a woman aged 80, around her face and throat. The victim was able to fight the young person off and survived the attack but suffered serious long-term injuries. The young person admitted the offending and had participated in a family group conference and followed a comprehensive, court-approved plan. The victim did not want to see the young person punished and expressed concern for his future. The hearing was to determine whether the young person should be discharged under s 282 or s 283(a) of the Oranga Tamariki Act. A s 282 discharge would mean that the young person would not have the charge recorded against his name, while a s 283 discharge would mean that he would. The Court took account of the young person's living circumstances at the time of offending, his remorse and completion of 200 hours' community work, his successful completion of the plan, his strong family support, and his payment of reparations. On the other hand the offending was serious and had a major impact on the victim, who wanted the offending to be recorded to remind the young person of what he had done. By a fine margin, the Court decided that a s 282 discharge was the appropriate outcome. The Court ordered that copies of the decision be sent to the young person's mother and to the victim. Judgment date: 6 September 2022 * * * Note: names have been changed to comply with legal requirements. * **

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