New Zealand Police v GE [2019] NZYC 340

Published 05 March 2020

Sentencing — aggravated robbery — threatening to kill — supervision with residence — supervision order — Oranga Tamariki Act 1989, ss 283, 311 & 335. The young person appeared for sentence on one charge of aggravated robbery and three of threatening to kill. He had pointed an air pistol at a dairy owner and his daughter, told them to get on the ground and then taken cigarettes. As he fled the dairy he threatened a woman on the street and a neighbour of the victim who had followed him. The offending seemingly came out of the blue, as the young person had never been in trouble before and since being on bail had completely complied with all conditions. For this reason the police did not seek transfer to the District Court for sentence. They supported the social worker's recommended sentence of six months' supervision with residence. The young person regretted the offending, showing genuine remorse in a letter he had written to his victims. The Judge decided a sentence of five months, two weeks and one day supervision with residence was the most appropriate sentence in the circumstances. This was to be followed by a six month supervision order. The Judge gave the young person a warning that if he repeated the offending he would very likely end up serving a long term of imprisonment. Judgment Date: 25 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *