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New Zealand Police v AD [2018] NZYC 230

Published 29 March 2019

Sentencing — transfer to District Court — aggravated robbery — unlawfully getting into a stolen car — theft — Oranga Tamariki Act 1989, ss 283 & 284. The young person, AD, appeared for sentencing in relation to two charges of aggravated robbery, unlawfully getting into a stolen car and theft. The offending occurred on four different days across a one month period. The main issue was whether AD should be transferred to the District Court for sentencing or remain in the jurisdiction of the Youth Court. Important principles for consideration included the need to hold the young person accountable for their actions and encourage them to accept responsibility, but also to acknowledge their needs and give them the opportunity to develop in a responsible, beneficial and socially acceptable way. As transfer to the District Court would almost guarantee AD a sentence of imprisonment, it was acknowledged this would protect the community from AD in the short-term. However, as there is a lack of monitoring or support available to youth in adult prisons, the likelihood of AD re-offending upon his release would be very high. The Judge considered that transfer would overlook the public safety interest in doing the best that can be done to reduce the risk of re-offending. There was ample support available to the young person from the Youth Court, so AD was sentenced to six months' supervision with residence followed by a supervision order. Judgment Date: 27 March 2018. * * * Note: Names have been changed to comply with legal requirements * * *