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R v FY [2018] NZYC 500

Published 03 July 2019

Sentencing — unlawful sexual connection with a male 12 to 16 years — sexual connection with a young person aged 12 to 16 years — assault with intent to commit sexual violation — Oranga Tamariki Act 1989, ss 5, 6, 208, 267, 282, 283 & 284 — R v JP [2016] NZYC 310. The young person, FY, appeared for sentencing in relation one charge each of unlawful sexual connection with a male 12 to 16 years, sexual connection with a young person aged 12 to 16 years and assault with intent to commit sexual violation. FY had sexually offended against two victims, aged 12 and 14, multiple times. This offending had occurred while he was subject to a Youth Court plan that was addressing prior offending. FY was completing a STOP programme and undertaking therapy, but he was verbally manipulative and had convinced those around him he was reforming when in reality he was still offending. Counsel for FY submitted he should be sentenced to supervision with activity followed by a supervision order. The Judge considered this was an inadequate sentence as it had not worked the first time around. FY clearly needed further rehabilitation and the community needed to be protected from him. Victim impact statements from the victims' parents noted their concern that there were no red flags about FY. He presented himself as a good person and protector of the victims, while he was offending against them. The Judge was concerned with the level of manipulation FY used to those around him and was not convinced he showed any genuine remorse or empathy. The Crown submitted there was limited scope for rehabilitation in the Youth Court, largely because of FY's age. The Crown supported transfer to the District Court for sentencing, as this would allow for a sentence of lengthy intensive supervision and judicial monitoring to ensure FY was reforming and not re-offending. The Judge considered that in the circumstances, the least restrictive available sentence was transfer to the District Court. This would give FY the best opportunity to rehabilitate, protect the community and hold FY accountable. Judgment Date: 29 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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