R v FC [2018] NZYC 411

Published 16 May 2019

Sentencing — sexual violation — indecent assault — Oranga Tamariki Act 1989, ss 208 & 284. The young person, FC, appeared for sentencing after pleading guilty to one charge of sexual violation and one charge of indecent assault. The matter was dealt with in a family group conference, with the help of an organisation called Restore. The tailored handling of the case to the unique circumstances of the victim and young person meant restorative justice was a possible outcome of the sentencing. FC showed remorse, sadness and accepted responsibility for his actions. The Judge noted FC's unhealthy living situation at the time of offending, his poor paternal role model, that he had never offended before and was at a low risk of doing so again. A victim impact statement described the pain FC's offending had caused, but despite this the victim and her mother did not want FC to be sent to a Youth Justice Residence or prison. FC was sentenced to an order for 6 months' supervision with activity. Judgment Date: 12 July 2018. * * * Note: Names have been changed to comply with legal requirements * * *