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R v RK [2021] NZYC 556

Published 25 July 2023

Youth offending — injuring with intent to injure — school brawl — welfare and best interests — Oranga Tamariki Act 1989, ss 4 & 5. The young person faced a charge of injuring with intent to injure. There had been an incident at a school where the young person seriously assaulted the victim without warning, continuing to attack the victim while he was on the ground and causing serious injury. The assault ended when other students intervened. The young person accepted responsibility for the assault and attended a family group conference, where he gave a full apology to the victim and a comprehensive plan was created. The Judge recognised the tikanga at the foundation of the plan, and acknowledged the role of the young person's whānau, hapū and iwi in monitoring the fulfillment of that plan. In sentencing, the Judge considered the principles under ss 4 and 5 of the Oranga Tamariki Act; the young person's welfare and best interests; the public interest in public safety; the victim's interests; and holding the young person accountable for their actions. It was held that the least restrictive and just result was a discharge from the Youth Court without record. Judgment date: 7 December 2021 * * * Note: names have been changed to comply with legal requirements. * **

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