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New Zealand Police v OL [2017] NZYC 439

Published 08 August 2018

Whether young person should be convicted and transferred to the District Court for sentencing — party to causing grievous bodily harm with intent to rob — aggravated robbery — sentencing — United Nations Convention on the Rights of the Child — Beijing Rules on Juvenile Justice. The young person was sentenced on charges of being a party to causing grievous bodily harm, armed robbery with a knife, and armed robbery with a pistol.The court took into account the young person's history which included poverty, relationship difficulties and a lack of support. The court further noted that the robbery offending appeared to be misguided attempts to provide for his family. Mitigating features included the young person's genuine remorse, willingness to attend restorative justice and the young person's previous lack of convictions — although the second robbery took place whilst the young person was subject to a Family Group Conference plan. The court was asked to convict the young person and transfer him to the District Court for sentencing. Concluding that it was appropriate to make orders in the Youth Court rather than to transfer the matter to the District Court, the Court found: that the less restrictive sentence that could be imposed in the Youth Court was not "clearly inadequate"; that it was more likely to reduce the young person's risk to public safety; and was more in accordance with relevant International Conventions, particularly the United Nations Convention on the Rights of the Child and the Beijing Rules on Juvenile Justice. The young person received a sentence of six months' supervision with residence followed by 12 months' supervision. Judgment Date: 23 June 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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