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R v HH [2018] NZYC 484

Published 03 July 2019

Sentencing — transfer to District Court — sexual assault — burglary — home invasion — Oranga Tamariki Act 1989. The young person, HH, appeared for sentencing. HH, motivated by burglary, had invaded the victim's home and seriously sexually assaulted her in front of her young child. The main issue was whether HH should be transferred to the District Court for sentencing or if the Youth Court could impose an adequate sanction. Reports from a social worker supported the transfer. HH was also 17 meaning there were time constraints on sentences that could be imposed in the Youth Court. The nature and level of the offending was very serious and could not adequately be addressed by a sentence of supervision with residence or a supervision order (the most restrictive sentences available in the Youth jurisdiction). The Judge transferred HH to the District Court for sentencing. Judgment Date: 20 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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