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New Zealand Police v CL [2023] NZYC 753

Published 06 June 2024

Application for transfer to the High Court — attempted murder — Oranga Tamariki Act 1989 ss 4, 4A, 5, 6, 208, 283, 284, 289, 311, 333, 334 & 335 — United Nations Convention on the Rights of the Child — Police v AD [2018] NZYC 230 — Pouwhare v R [2010] NZCA 268 — R v DV [2020] NZYC 249 — Police v H YC Tauranga, CRI-2007-270-000125, 31 August 2007 — Police v AN [2020] NZYC 609 — R v Wheble [2019] NZHC 1301 — R v Taipari [2014] NZHC 577 — Police v EGO DC Whanganui CRI-2005-283-000075, 15 May 2006 — Police v MQ [2019] NZYC 456 — Churchward v R [2011] NZCA 531, (2011) 25 CRNZ 446 — Dickey v R [2023] NZCA 2. This was an application by the Police under s 283(o) of the Oranga Tamariki Act to have the young person convicted and transferred from the Youth Court to the High Court for sentencing, following a judge-alone trial in the Youth Court where a charge of attempted murder was proved beyond reasonable doubt. The young person opposed the application, submitting that an appropriate sentence could be achieved in the Youth Court. The young person's ex-partner had started a new relationship with the victim, and the young person had responded by going to the victim's house and attacking him with a machete. The victim suffered serious injuries which required emergency surgery. The Court reasoned that the offending was serious, and that the young person lacked any real remorse. The underlying causes of the offending were deep-seated psychological issues that a supervision-based sentence was ill-equipped to address, and the young person was assessed as posing a high risk of re-offending. The Court was satisfied that the High Court was the appropriate place for sentencing, and the application was granted. Judgment Date: 13 November 2023 * * * Note: names have been changed to comply with legal requirements. * **

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