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R v OQ [2019] NZYC 59

Published 13 June 2019

Sentencing — transfer to District Court — aggravated robbery — Oranga Tamariki Act 1989. The young person, OQ, appeared for sentencing in relation to a charge of aggravated robbery. OQ, along with several other people, attacked a man after a night out drinking. The victim was punched, kicked and had a knife held to his throat until he told the group the PIN for his card, which the group subsequently used to withdraw a substantial amount of money from a nearby ATM. The Judge had to decide whether to impose a group 5 response or transfer OQ to the District Court for sentencing. The main considerations were the impact the offending had on the victim, protection of the community and which type of sentence had the best chance of helping OQ in her rehabilitation. As sentence in the District Court would allow for intensive supervision over a longer period than the 8 months left for OQ in the Youth Court, it was decided that transfer to the District Court for sentencing was the best outcome in consideration of sentencing principles and the circumstances of the offending. A pre-sentence report was ordered so the best sentence for OQ could be structured. Judgment Date: 31 January 2019 . * * * Note: names have been changed to comply with legal requirements. * * *

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