Sentencing — application for discharge — sexual offending — sexual violation by rape — Oranga Tamariki Act 1989, ss 4, 5, 208, 280, 282, 283, 284 & 289 — MW v Police [2017] NZHC 3084 — Police v OD [2018] NZYC 310 — Police v WP [2021] NZYC 2 — Churchward v R [2011] NZCA 531, (2011) 25 CRNZ 446 — R v NB [2019] NZYC 225 — R v ND [2018] NZYC 602. The young person faced sentencing on one charge of sexual violation by rape. Subsequent to the charge he had attended a family group conference and completed the plan set out, including 100 hours' community work, a WellStop programme and an emotional harm payment to the victim. Counsel for the young person sought a discharge pursuant to s 282 of the Oranga Tamariki Act (OTA). In considering an application for discharge a court should assess the restrictiveness of the outcome, and only impose it if a lesser outcome is clearly inadequate; and consider the youth justice principles in OTA, ss 208 and 284, including the wellbeing and best interests of the young person, the public interest, interests of the victim and accountability. The effects of the offending on the victim were acknowledged by the Court, as well as the victim's vulnerability. The Judge noted that the young person's offending was serious, and indicated that the same charges in an adult court would have received a sentence of imprisonment. The young person had accepted responsibility for the offending and engaged meaningfully with the WellStop programme and others. The Judge concluded that a mark on the young person's record would be against his wellbeing and best interests and awarded a s 282 discharge on the basis of s 289, as this "least restrictive" outcome was not clearly inadequate. Judgment date: 23 April 2021. * * * Note: names have been changed to comply with legal requirements. * **