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New Zealand Police v RB [2019] NZYC 388

Published 02 December 2019

Sentencing — discharge without conviction — Oranga Tamariki Act 1989, s 282 — Sentencing Act 2002, s 106. The young person appeared for sentence on a raft of charges, including reckless driving, failing to stop and unlawfully taking motor vehicles. Some of these charges were before the District Court but were being dealt with in the Youth Court, Tai Tamariki Court as that was the most appropriate course to take. On the District Court charges, all parties, including the police, supported the young person receiving a discharge without conviction. A s 282 order was the recommended outcome for the Youth Court charges. The young person had showed a lot of growth, moved away from the city where the offending occurred, followed all plans and done his best to rehabilitate himself. The Judge praised the young person's impressive efforts and the leadership qualities that he had shown noting agreement that the young person had the makings of rangatira. The young person was urged to think about his kahu and use it as a pathway forward to learn more. The Judge granted the discharge without conviction and the s 282 order (which would essentially have the legal effect of meaning the charges were never laid). Judgment Date: 15 August 2019. * * * Note: Names have been changed to comply with legal requirements * * *

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