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New Zealand Police v PE [2022] NZYC 37

Published 15 August 2022

Disposition hearing — fitness to stand trial — wounding with intent to cause grievous bodily harm — possession of offensive weapon — Crimes Act 1961, ss 188(1) & 202A(4)(b) — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, ss 7, 12 & 140 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 23, 25 & 26(2)(a) — Oranga Tamariki Act 1989, ss 4, 4A, 5, 101, 110 & 208. Two young persons, who were twin sisters, faced charges of wounding with intent to cause grievous bodily harm and possession of an offensive weapon. A previous hearing had found that the young persons were both involved in the offending. They had confronted the victim at her house while armed with knives. A struggle developed and the victim and another person were both injured. The current hearing was to decide how the charges were to be disposed. The Crown submitted that the young persons should be placed under Secure Care Orders (SCOs) for 12 months. The young persons and their family members preferred that they remain in the community. A clinical psychologist provided the Court with a report that said that the young persons met the criteria to be placed under SCOs, that the family had a troubled relationship with Oranga Tamariki, and that the young persons were currently at high risk of further offending. The report recommended that the young persons be placed under SCOs. The Court was satisfied that the wellbeing and best interests of the young persons could only be met by placing them under SCOs and care and rehabilitation plans. This option would give them access to proper care and support from trained specialists to fulfill their educational and behavioural needs. The young persons were placed under SCOs at a secure mental health unit for a period of one year. Judgment date: 28 January 2022. * * * Note: names have been changed to comply with legal requirements. * * *

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