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R v IX [2017] NZYC 636

Published 13 June 2019

Sentencing — whether to transfer young person to the District Court — Rangatahi Court — Oranga Tamariki Act 1989, ss 4, 5, 208 & 284 — Criminal Procedure (Mentally Impaired Persons) Act 2003. The young person, IX, appeared in the Youth Court after striking his sister on the head with a wooden stake. The Judge had to decide whether to transfer IX to the District Court for sentencing or keep him in the jurisdiction of the Youth Court where he could complete a plan under supervision. The Crown submitted that the lack of support from IX's family and the serious nature of the offending meant he should be transferred to the District Court, as he was at risk of re-offending. In favour of retaining IX in the Youth Court was IX's low IQ, rough upbringing and that he would be more likely to re-offend after facing a lengthy custodial sentence in the District Court. In the end, the Judge decided not to convict and transfer the young person to the District Court. The community would be safer in the long run if IX had the opportunity for rehabilitation. IX's progress was to be monitored by the Rangatahi Court. Judgment Date: 14 September 2017. * * * Note: names have been changed to comply with legal requirements. * * *

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