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New Zealand Police v MA [2022] NZYC 73

Published 15 August 2022

Sentencing — indecent assault — unlawful sexual connection — Crimes Act 1961, ss 128(1)(b) & 132(3) — Oranga Tamariki Act 1989, ss 4A, 5, 208, 282, 283 & 284. The young person was before the Court for the disposition of seven sexual offending charges, which he had not denied. The victim of the offending was the young person's cousin, who was younger than him by nine years, and the offending occurred over a period of more than a year. The young person sought a discharge under s 282 of the Oranga Tamariki Act. He pointed to his payment of reparations, the disruption to his personal life as a result of the offending, and his completion of a supervision order and compliance with his bail conditions. The prosecution argued that the seriousness of the offending made a s 282 discharge inappropriate. The Court noted the young person's efforts at rehabilitation, but agreed with the prosecution that the nature of the offending and the impact on the young person's family meant that he should not be discharged under s 282. The Court opted instead to discharge him under s 283, meaning that there would be a record of the charges against the young person. No other sanction was imposed. Judgment date: 22 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *

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