R v AD [2018] NZYC 665

Published 16 May 2019

Sentencing — transfer to District Court — endangering transport — reckless driving — unlawfully taking motor vehicles — operating a motor vehicle causing sustained loss of traction — failing to stop — failing to stop and ascertain injury — theft and unlawfully getting into a motor vehicle — Oranga Tamariki Act 1989, ss 5, 208, 283 & 284 — Sentencing Act 2002, s 18. The young person, AD, had previously been sentenced in relation to a raft of charges. He completed a supervision with residence order but failed to comply with a supervision order which was subsequently cancelled. The Judge had to decide what order would replace the supervision order, as well as address new charges of endangering transport, reckless driving, unlawfully taking motor vehicles, operating a motor vehicle causing sustained loss of traction, failing to stop, failing to stop and ascertain injury, theft and unlawfully getting into a motor vehicle. AD stole a car and became involved in a very dangerous, high speed chase on a State Highway. The Judge had regard to the objects and principles set out in the Oranga Tamariki Act. Most relevant was the need to hold AD accountable for the offending, to encourage him to accept responsibility and to acknowledge his need to and to give him the opportunity to develop in responsible, beneficial and socially acceptable ways. AD had not taken the help or opportunities offered by the youth justice system. He was also 17 and at an age where an order would be limited by time constraints. The Judge concluded that a sentence less than transfer to the District Court would be wholly insufficient to address the offending. AD was transferred to the District Court for sentencing. Judgment Date: 27 November 2018. * * * Note: names have been changed to comply with legal requirements. * * *

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