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Police v Carter (6 September 1991) DC, Auckland, CRN 1248023241-4, McElrea DCJ
Name: Police v Carter
Unreported
File number: CRN1248023241-4; CRN 1224005193-7
Date: 6 September 1991
Court: District Court
Location: Auckland
Judge: McElrea
Charge: Arson
CYPFA:
Key Title: Sentencing in the adult Courts - Arson; Sentencing in the
adult Courts - Other
Summary: C (16) faced serious charges including three of arson (one arson caused $113,000 of damage to a school); charges proved by admission in YC; s283(o) order made in YC; C had spent time in custody pursuant to s311 but absconded and re-offended on a number of occasions.
Counsel for defendant argued for corrective training but in view of absconding and re-offending, term of imprisonment imposed. Prison rare for 16 year old but alternatives tried without success; necessary for C to be accountable.
On one set of charges including the three arson charges, C sentenced to 12 months prison less four months for time already served under s311. On further set of charges including taking motor vehicles, receiving and stealing, C sentenced to 2 months. On third group of charges including escaping from custody and unlawful taking of motor vehicle, C sentenced to 6 weeks. Thus, a total of 10 months and 6 weeks imprisonment. Sentence of less than one year given to bring case within provisions of the Criminal Justice Act s77A allowing special conditions on release; conditions imposed included counselling – recommendation for counselling for arson problem.
Decision: 10 months and 6 weeks imprisonment with special conditions on release.
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