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R v SB [2023] NZYC 900

Published 22 March 2024

Sentencing — indecent assault — unlawful sexual connection — male rapes female — Oranga Tamariki Act 1989, ss 4, 4A, 5, 282, 283 & 289 — R v SQ [2019] NZYC 627. The young person appeared for sentencing on eight charges: four of indecent assault, two of unlawful sexual connection and two of male rapes female. The young person had offended against three separate victims. Since the charges had first arisen, the young person had made significant progress toward rehabilitation, being described by the Court as "re-programmed", due to the young person's willingness to engage with rehabilitative programmes, and a better support system and living situation. The young person sought a s 282 discharge under the Oranga Tamariki Act, which would have meant making it as though the charges had never been filed. The Court acknowledged the young person's progress toward rehabilitation, but reasoned that the offending was too serious to grant a s 282 discharge. Instead, an order under s 283(f)(i) was made requiring the young person to pay $1,000 to each of two victims for emotional harm. Judgment Date: 8 November 2023. * * * Note: names have been changed to comply with legal requirements. * **

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