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New Zealand Police v UG [2018] NZYC 541

Published 13 June 2019

Sentencing — aggravated wounding — discharge without conviction — Oranga Tamariki Act 1989, ss 4, 5, 208, 282, 283, 284 & 334 — Crimes Act 1961, s 191(1)(a) — Churchward v R [2011] NZCA 531. The young person, UG, appeared for sentencing in relation to a charge of aggravated wounding. UG had stabbed the victim in the back with a kitchen knife. He said he had targeted the woman because she would be easily physically overcome and he wanted to take her cellphone. The victim suffered a deep laceration, mild concussion and pain for several weeks. The Crown submitted UG should be sentenced under s 283(c) of the Oranga Tamariki Act ("the Act"). This would mean UG could be called before the Court at any time during a 12 month period and have further action taken. It was submitted that UG's offending was very serious, violent and premeditated and therefore required conviction. Counsel for UG submitted he be sentenced under s 282 of the Act, meaning he would be discharged without further sentence and no convictions would be recorded in the Youth Court. Attention was drawn to UG's compliance with multiple family group conferences, equine therapy and improvements in behaviour. His performance at school had improved, he had not re-offended and had shown remorse for his actions. The Judge referred to case law which noted the neurological differences between young people and adults. Young people tend to be more vulnerable to negative influences and more impulsive. However, young people also have greater capacity for rehabilitation and their character is not as entrenched as the character of adults. A report documented UG's difficult childhood, which did not excuse his offending but helped to explain why he was having issues. UG had the support of his parents and had been held accountable for his offending over the past 12 months as he had complied with every family group conference direction. The Judge decided a s 282 discharge was appropriate in the circumstances. Judgment Date: 13 September 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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