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

R v Wakely (13 July 1995) DC, Napier, CRN 4241009095, Thompson DCJ

Name: R v Wakely
Unreported
File number: CRN 4241009095
Date: 13 July 1995
Court: District Court
Location: Napier
Judge: Thompson DCJ
CYPFA:
Charge: Sexual Violation by Rape
Key Title: Sentencing in the adult Courts - Sexual Violation - Rape

Summary: W charged with violent and callous rape; W transferred to the District Court for sentence following FGC recommendation and social worker’s report. Rape was not accompanied by further violence or other acts of degradation; no remorse until recently; W has showed signs of maturing and improvements in his attitude recently. Held: sentence of imprisonment required as a very clear signal that this behaviour will not be tolerated. Special consideration to be given to youth offenders: Crime Appeal (CA 131/93 11 June 1993). Suspended sentence not appropriate bearing in mind s128B Crimes Act 1961 but special consideration in terms of length of imprisonment in view of offender’s age and mitigating factors.

Decision: Sentence of two years imprisonment.