R v BL [2017] NZYC 743

Published 18 September 2018

Application to transfer to District Court for sentence — aggravated robbery — burglary — theft — assault with intent to injure — Children Young Persons and Their Families Act 1989, ss 283 (o) & 284. The Crown sought a transfer of the proceedings to the District Court for sentencing on charges of aggravated robbery, assault with intent to injure, burglary and theft of a phone. The court noted that the most serious offending was the aggravated robbery, during which the young person and another entered a commercial premises armed with weapons and the defendant's associate seriously assaulted a victim by hitting them to the head with a hammer. The court attributed the same level of culpability for the assault to the young person as to his associate and noted that the associate had not have his proceedings transferred. The young person's personal circumstances, including an improvement in his family situation and his acceptance of responsibility for the offending were noted as important changes in his life and that he had demonstrated to the court that he was learning about the impact of his offending on others. The court also took into account the young person's age in relation to his ability to rehabilitate and noted that the young person was "at the borderline" as there was only a short timeframe before he reached the age of 18. The court was satisfied that the Youth Court was able to properly address the rehabilitative needs of the young person and the application to transfer the proceedings was declined. The young person was sentenced to supervision with residence for a period of six months with an early release date identified. Judgment Date: 9 October 2017. * * * Note: Names have been changed to comply with legal requirements * * *