district court logo

R v JN [2016] NZYC 504

Published 21 February 2017

Whether young person should be sentenced in the Youth or District Court — application for transfer to District Court — wounding with intent to cause grievous bodily harm — Children, Young Persons, and Their Families Act 1989, ss 4(f), 208, 283, 284 and 289. An application to transfer a young person from the Youth Court to the District Court for sentencing was declined. The young person faced several charges including wounding with intent to injure having stabbed the victim in a gang attack. The Judge noted that a purpose of the CYPF Act was to ensure that where young persons commit offences they are held accountable for their behaviour in a way that acknowledges their needs and gives them an opportunity to develop in responsible, beneficial and socially acceptable ways (s 4(f)). In determining whether transfer was appropriate the Judge considered principles set out in s 208 and 284 of the Act. It was noted that while the offending was serious, a supervision with residence order could not be assessed as entirely inadequate (s 289), particularly given the young person's progress in residence thus far. The young person was sentenced in the Youth Court to six months' supervision with residence and was to be electronically monitored upon release (which was noted as an unusual condition to impose on a young person but was appropriate given the charges). Judgment Date: 16 August 2016. * * * Note: Names have been changed to comply with legal requirements * * *

Tags