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R v OZ [2018] NZYC 715

Published 03 July 2019

Sentencing — transfer to District Court — supervision with residence — wounding with intent to cause grievous bodily harm — unlawfully taking a motor vehicle — unlawfully getting into a motor vehicle — Oranga Tamariki Act 1989, ss 5, 208, 283, 289, 334 & 335. The young person, OZ, appeared for sentencing in relation to one charge each of wounding with intent to cause grievous bodily harm, wilfully taking a motor vehicle and unlawfully getting into a motor vehicle. For the purposes of the sentencing, the charge of wounding with intent to cause grievous bodily harm was the central focus. OZ had struck the victim four to five times in the head with a steel hammer. The victim suffered severe injuries, scarring and anxiety because of the attack. This attack occurred while OZ was on a supervision order for previous offending and was the third violent offence OZ had committed in 11 months. The Judge considered sentencing principles including the need to impose the least restrictive sentence possible in the circumstances of the case and the need to hold OZ accountable for his offending. As OZ had previously been sentenced to supervision with residence and a supervision order and none of the efforts to rehabilitate him had worked, the Judge decided the only option in the circumstances was to transfer OZ to the District Court for sentencing. Judgment Date: 20 December 2018. * * * Note: names have been changed to comply with legal requirements. * * *

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