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

R v Kepa (17 May 1994) CA 35/94, McKay, Holland, Thorpe JJ

Name: R v Kepa
Unreported
File Number: CA 35/94
Date: 17 May 1994
Court: Court of Appeal
Location: Wellington
Judge: McKay, Holland, Thorp JJ (Holland J delivered the judgment for the Court)
Charge: Assault with Intent to Injure
CYPFA:
Key Title: Sentencing in adult Courts - Serious assault; Adult co-offenders

Summary: Appeal against 9 months imprisonment cumulative upon an existing sentence of 12 months; sentence followed conviction after trial on charge of assault with intent to injure; appellant just short of 18^th birthday at time of offending; one co-offender dealt with in Youth Court but CA held disparity argument not relevant due to co-offender’s age and the different considerations of sentencing in the Youth Court. R v Lawson [1982] 2 NZLR 219 considered: justice must be administered even-handedly but the test is objective "whether a reasonably minded independent observer aware of all the circumstances of the offence and the offenders would think that something had gone wrong with the administration of justice". Record of K’s other offending meant that 21 months for the totality of the offending was correct.

Decision: Appeal dismissed.