New Zealand Police v RT [2020] NZYC 7

Published 19 March 2020

Sentencing — kidnapping — aggravated robbery — unlawfully taking a motor vehicle — unlawful interference with a motor vehicle — escaping custody — fetal alcohol spectrum disorder (FASD) — Te Kooti Rangatahi — Oranga Tamariki Act 1989, ss 4A, 5, 208, 248, 282, 283, 284 & 333. The young person had not denied two charges of kidnapping, two of aggravated robbery, three of unlawfully taking a motor vehicle, three of unlawful interference with a motor vehicle and one of escaping custody. The most serious charges involved two victims being forced to accompany the young person and her four co-offenders to steal a car and then being forced into a car boot. The young person had spent three months in a Youth Justice residence and three months on bail. The police wanted the young person to be sentenced under s 283(a), meaning she would be discharged without further order or penalty but there would be a record of her offending. Lawyer for child submitted the most appropriate outcome was a s 282 discharge, which would have the effect of making it as if charges were never laid against the young person. The Judge believed the young person had been held accountable for her actions and was heading down a positive path. One of the victims had been very forgiving of the offenders, asking that the Court try to rehabilitate rather than punish them. The Judge was satisfied in the circumstances that the most appropriate outcome was a s 282 discharge. Judgment Date: 16 January 2020. * * * Note: names have been changed to comply with legal requirements. * * *