R v DV [2020] NZYC 249

Published 01 October 2020

Whether to transfer to District Court — aggravated robbery — kidnapping — common assault — Te Whare Tapa Whā process — Oranga Tamariki Act 1989, ss 238, 282, 283, 284, 333, 334 & 335 — R v P CA59/03 — Pouwhare v R [2010] NZCA 268 — P v Police [2017] NZHC 2445 — R v P CA59/03 — Pouwhare v R [2010] NZCA 268 — Police v AZ [2019] NZYC 88 — R v Mako [2000] 2 NZLR 170 (CA) — Hemopo v R [2016] NZCA 242 — Police v JG — New Zealand Police v MQ [2019] NZYC 456 — New Zealand Police v TM [2019] NZCA 608 — DP v (CA148/2015) v R [2015] NZCA 476 — Churchwood v R [2011] NZCA 531, (2011) 25 CRNZ. The young person faced one charge each of aggravated robbery, kidnapping and common assault. He and two associates had broken into an elderly victim's home, tied her up and stole some of her belongings. The young person had entered a not denied and admitted the charges at a family group conference. Given the seriousness of the offending, the question for the Court was whether to transfer the young person's case to the District Court for sentencing. In the District Court he could face a starting point of imprisonment of between 7 and 10 years. Counsel for the young person opposed the transfer, citing similar Youth Court cases where transfer had been refused. Various reports ordered on the young person showed a dysfunctional upbringing and a disconnection from family. The young person showed genuine remorse and immediate reparation was offered to the victim. The Judge noted that the adult criminal justice system could be particularly unforgiving on young men, that there was a risk the young person could come out of the adult system a hardened person and belonging to a gang; resulting in an increased risk to the community. The Judge declined to transfer the young person to the District Court and instead sentenced him to 6 months in a youth justice facility followed by 12 months' supervision. The young person's extended family were available to reconnect with the young person and assist him with the transition back into the community at the completion of his sentence. Judgment Date: 20 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *