Youth Court Decisions How to Use Full list of key titles CYPFA section Date

R v Tarawa (14 May 1991) HC, Auckland, S.60/91, Barker DCJ

Name: R v Tarawa
Unreported
File number: S.60/91
Date: 14 May 1991
Court: High Court
Location: Auckland
Judge: Barker J
Charge: Aggravated Burglary, Sexual Violation - Rape
CYPFA:
Key Title: Sentencing in the adult Courts - Sexual Violation – Rape; Sentencing in the adult Courts - Aggravated Burglary; Sentencing in the adult Courts - application of Youth Court principles

Summary: T (16 at time of offending) pleaded guilty to aggravated burglary and sexual violation by rape charges. On both occasions, T broke into houses and used knife/screw driver to threaten occupants. T showed remorse; had whanau support. FGC held, need for imprisonment acknowledged. Although in some circumstances a young person may get a lesser sentence than an older person for the same offence, some cases are so appalling that any reduction in sentence made primarily in the offender’s interest will be seen as an outrage on the public conscience. Thus, no great reduction can be made here because of offender’s youth.

Decision: Four years imprisonment.