Transfer to District Court for sentencing — rape — party to rape — unlawful sexual connection — indecent assault — Oranga Tamariki Act 1989, ss 4A, 5, 208, 282, 283(o) & 284 — Sentencing Act 2002 — Crimes Act 1961, s 128B — R v MQ [2019] NZYC 456 — New Zealand Police v JH [2020] NZYC 396 — New Zealand Police v AN [2020] NZYC 609 — R v AM [2010] NZCA 114 — New Zealand Police v SM [2015] NZYC 239. The two young people had previously appeared charged with rape and various other sex offences. The Court had found the charges proved, and subsequently the Crown applied for the young people to be transferred to the District Court for sentencing. Advocates for both young people argued that they should remain in the Youth Court, and be discharged pursuant to s 282 of the Oranga Tamariki Act (the Act). After finding the charges proved, the Court had placed both young people on court-monitored plans. In the time since, both young persons had engaged fully in their respective plans and had now been subject to the Court's oversight for two years eight months. The Court observed that a transfer of proceedings was not necessary to serve the interests of the young persons, the victim, or the public. Further the young persons had been subject to restrictive bail conditions and plans meant to address the causes of the offending; there was no need for any further accountability. The Crown application was dismissed. The Court found that despite the seriousness of the offending, there was no good reason to create a record for either of the young persons. Both of the young persons were discharged pursuant to s 282 of the Act. Judgment Date: 6 August 2021. * * * Note: names have been changed to comply with legal requirements. * * *