R v LH [2018] NZYC 470

Published 15 November 2019

Application for transfer to District Court — assault with intent to injure — sexual violation — rape — threatening to kill — Oranga Tamariki Act 1989, ss 4, 5, 208, 282, 283, 284, 296 & 305 — Sentencing Act 2002, s 8 — Corrections Act 2004, s 34A — R v AM (CA27/2009 [2010] NZCA 114, [2010] 2 NZLR 750 — New Zealand Police v S-R A DC Palmerston North, CRI-2012-254-34,15 February 2013 — Pouwhare v R (2010) 24 CRNZ 868 — Police v Rangihika [2000] DCR 866. The young person, LH, had not denied one charge each of assault with intent to injure, sexual violation, rape and threatening to kill. He had followed the victim down an alley, forced his fingers up her skirt and into her vagina as she tried to climb a fence to go home, then pulled her down, beat her and raped her. When taken into police custody he threatened to stab her and kill her. The Crown and Oranga Tamariki submitted he should be transferred to the District Court for sentencing. LH had not showed remorse for his offending, only admitting to the offending the day before trial. No apologies or offers of reparation had been made. LH's family also had a negative view towards the victim and she had to relocate because LH's family was threatening her. The Judge determined it was possible to hold LH accountable for his actions in the Youth Court and declined to order the transfer. Judgment Date: 4 October 2018. * * * Note: names have been changed to comply with legal requirements. * * *