New Zealand Police v LZ [2019] NZYC 512

Published 14 February 2020

Sentencing — assault — domestic violence — reckless disregard for safety of others causing injury — burglary — theft — possession of weapon without reasonable excuse — knife — aggravated robbery — burn — wellbeing and best interests of young person — Oranga Tamariki Act 1989, ss 4, 5, 208 & 284. The young person had not denied a raft of charges. He had assaulted his pregnant partner, burnt a 10-year-old boy with a lighter, burgled a store, been found in possession of an offensive weapon, broken into a house and stolen valuables, and kicked a person in the head during the aggravated robbery of a bike. The young person showed no remorse or empathy for his victims. The Judge considered the principles set out in the newly amended Oranga Tamariki Act, as well as the particular offences and their seriousness, the timeline of the offending, lack of engagement with attempts at therapeutic intervention, the young person's attitude and his welfare and best interests. The Judge came to the conclusion that the best option for the young person was a sentence of supervision with residence. The young person had been placed in the community with access to support services and this had not worked. The Judge believed to simply put the young person back in the same circumstances with some more programme labels would only set him up to fail. The final sentence was six months’ supervision with residence. This would provide the young person with day-to-day support and access to rehabilitation. Judgment Date: 23 October 2019. * * * Note: names have been changed to comply with legal requirements. * * *