New Zealand Police v JT [2017] NZYC 462

Published 08 August 2018

Whether the matter should be transferred to the District Court for sentencing — sexual offending — rape — sentencing — ERASER scale — Children, Young Persons, and Their Families Act 1989, ss 208, 283, 284 & 307 — Sentencing Act 2002, s 284. The young person appeared having not denied raping a 16 year old victim. The young person sought to have the matters disposed of in the Youth Court by way of discharge under s 232; the Crown sought for the matters to be transferred to the District Court for sentencing. The young person had completed a plan put together at a Family Group Conference which included completing the SAFE programme. The court noted the young person's involvement in his rehabilitation through completing the SAFE Programme, engaging in therapy and the wrap around support that he had; that the young person had not previously appear in court or come to the attention of the police was acknowledged. In assessing whether the matter should be transferred to the District Court, the court acknowledged that transferring the sentencing would result in a conviction but that no specific courses or programmes could be identified as available other than the general oversight of the Community Probation Service; a youth court supervision order would provide more oversight and supervisory functions than would be available in the adult court. It was found that given the progress the young person had made and the low rating of risk of re-offending identified on the ERASER scale, that the matter should be disposed of in the Youth Court. The court found that the offending was of such a serious nature that it could not go unmarked. The young person was ordered to come up for sentence if called upon within 12 months under the Children, Young Persons, and Their Families Act, s 283 (c) . Judgment Date: 23 June 2017. * * * Note: Names have been changed to comply with legal requirements * * *