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New Zealand Police v KG [2022] NZYC 77

Published 15 August 2022

Sentencing — assault — impeding breathing — Crimes Act 1961, ss 189A(b) & 196 — Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 23, 25(1)(b) & 26(2) — Oranga Tamariki Act 1989, ss 4, 4A, 5, 13 & 208. The young person was in Court for disposition of an assault charge. She had previously been found unfit to stand trial on charges of assault and impeding breathing, because of her mental health problems and intellectual disability. At the time of the offending, the young person had been living in a care residence. The offending occurred when she threatened her caregiver with a glass bottle and then put her in a headlock and hit her repeatedly. The Court obtained reports on the young person from various medical experts. The reports outlined the connection between the young person's mental and intellectual problems and her background. However the Court also observed that the young person had many pro-social aspects to her personality, and had strong family support. It was important to allow the young person to stay in the community as much as possible without endangering public safety. Given the young person's current medication regime and living arrangements, it was likely that the chances of her re-offending would diminish. The Court made an order that the young person be placed under a Secure Care Order for two years, and that she live in a secure unit for intellectually disabled youth during that time. Judgment date: 24 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *

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