New Zealand Police v SD  NZYC 169
Published 16 April 2018
Youth Court — transfer to District Court for sentencing — Oranga Tamariki Act 1989 — United Nations Convention on the Rights of the Child Article 37(b) — the Beijing Rules.
The young person faced charges including aggravated robbery, an associated kidnapping, an aggravated injuring with intent to commit crime of theft, and associated car conversion. Each of these charges has been proved in the Youth Court by the young persons admissions at the family group conference and confirmation in Court. The issue for the court was whether these cases remain in the Youth Court for disposition or whether the young person is convicted in the Youth Court and transferred to the District Court for sentence under s 283(o). The Court noted that if looking at the seriousness of the offending and by looking at a punitive response, then a transfer to the District Court would be the right response. However, that would fail to take into account all the other mandatory factors which in this case weigh heavily against a transfer. The Court therefore ordered that the young person be subject to Supervision with Residence for six months, and is to engage in the residential education training programme, which is to include a psychological assessment and counselling, behaviour therapy and alcohol and other drug counselling.
Judgment Date: 12 March 2018
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