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New Zealand Police v AZ [2019] NZYC 88

Published 13 June 2019

Transfer to District Court — supervision with residence — supervision order — aggravated robbery — wounding with intent to cause grievous bodily harm — Crimes Act 1961, ss 235(a) & 188(1) — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38 — Oranga Tamariki Act 1989, ss 208, 283, 289 & 333 — P v Police [2017] NZHC 2445 — Pouwhare v R [2010] NZCA 268 — Taueki v R [2013] NZSC 146. The young person, AZ, appeared for sentencing in relation to one charge of aggravated robbery and one of wounding with intent to cause grievous bodily harm. AZ got on a bus, held a knife to the driver's throat and took money from the cash till. He then slashed the driver's throat and stabbed him twice. The bus driver required surgery, suffered long term injuries and could no longer work. The main issue for the Judge to decide was whether AZ could be appropriately sentenced in the Youth Court or if he should be transferred to the District Court for sentencing. Before transferring a young person to the District Court, the Court must consider the need to impose the least restrictive outcome and be satisfied that any sanction less restrictive is clearly inadequate. Other considerations include the need to hold the young person accountable for their actions and consider the interests of any victims. Since being in a youth residence facility, AZ had not re-offended and had engaged with programmes to turn his life around. He showed genuine remorse, took responsibility for his actions and had family support. The Judge found that a supervision with residence order followed by a supervision order was sufficient to hold AZ accountable for his offending and ensure he could become a productive member of the community.

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