New Zealand Police v BJ [2017] NZYC 829

Published 18 September 2018

Availability of supervision with activity — jurisdictional issue — sentencing — sustained loss of traction — burglary — aggravated robbery — Oranga Tamariki Act 1989, ss 101, 283 (k), 290A & 307. The young person appeared for sentencing on three charges: sustained loss of traction, burglary of a residential address, and the aggravated robbery of a dairy with associates who were armed and disguised. The court was reluctant to sentence the young person to supervision with residence with regard to the young person's age, time spent remanded in residence and the proposed structure promised by Oranga Tamariki to counteract the lack of structure that the young person had during his life. It was proposed that the young person receive a sentence of supervision with activity, which the court noted was jurisdictionally not available to the court given the young person's s101 status. The court approved of the plan put together by Oranga Tamariki and the young person's attitudes towards the offending. The young person was given a sentence of supervision for six months with additional conditions as set out in the proposed plan. Judgment Date: 7 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *