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R v ZD [2019] NZYC 81

Published 03 July 2019

Sentencing — aggravated robbery — driving while suspended — unlawful taking of a motor vehicle — Oranga Tamariki Act 1989, ss 4, 5, 208, 282, 283 & 284 — New Zealand Police v JW [2017] NZYC 462 — MW v Police [2017] NZHC 3084. The young person, ZD, appeared for sentencing in relation to three charges; one of aggravated robbery, one of driving while suspended and one of unlawful taking of a motor vehicle. ZD, along with an adult offender, had broken into a car, driven it to a store and used weapons to threaten a staff member and steal money and cigarettes. The main issue for the Judge to decide was whether to discharge ZD under s 282 of the Oranga Tamariki Act ("the Act") or make an order under s 283(c). A s 282 discharge would result in there being no record of ZD offending while s 283(c) would mean ZD had a record and could be called up within a maximum period of 12 months for further sentencing. Case law was examined and it appeared ZD's offending was less serious than other youths who were denied a s 282 discharge. ZD's behaviour during his bail period was also considered. ZD had stayed out of trouble, enrolled in a work course and obtained full-time employment. His family and employer described him as a polite hard-worker. ZD also completed community service, paid reparations and donations and was genuinely remorseful. In the circumstances, the least restrictive sentencing option available was a s 282 discharge. The Judge noted this was a finely balanced outcome, but was satisfied it was the correct decision in consideration of all the facts of the case. Judgment Date: 20 February 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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