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R v PP [2018] NZYC 182

Published 05 March 2019

Sentencing — transfer to District Court — Oranga Tamariki Act 1989, ss 283, 284 & 333. The young person appeared for sentencing in relation to one charge of aggravated robbery and one charge of robbery. The main issue was whether to transfer the young person to the District Court for sentencing. There was jurisdiction to convict and transfer the young person, as the nature and circumstances of the offending were such that if the young person had been an adult convicted in the District Court, a sentence of imprisonment would have been required. Soon the young person would be 17 and too old to fall under the Youth Court's jurisdiction, meaning there were very limited options the Youth Court could provide the young person for their needs and rehabilitation. Transfer to the District Court would open a number of possibilities, including supervision or intensive supervision potentially for two years, a longer period than could be acquired in the Youth Court, and for at least part of that an electronically monitored sentence such as community or home detention could be provided. The offending was very serious and had long term consequences for the victims. Although the young person had made some progress, they would not yet be safe to be in the community. For these reasons the Judge transferred the young person to the District Court for sentencing. Judgment Date: 26 February 2018. * * * Note: Names have been changed to comply with legal requirements * * *

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