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

Police v Tupe (19 December 1996) DC, Kaikohe, CRN 6227004887, Cooper DCJ

Name: Police v Tupe
Unreported
File number: CRN 6227004887
Date: 19 December 1996
Court: District Court
Location: Kaikohe
Judge: Cooper DCJ
CYPFA:
Charge: Sexual Violation - Rape
Key Title: Sentencing in the adult Courts - Sexual Violation - Rape

Summary: Notes on Sentencing; Tupe found guilty of sexual violation by rape after a defended hearing in YC; Tupe (then 14) raped his 13 yr old second cousin and verbally abused her after the incident. Tupe (now 16.5 yrs) a good sportsman; dependent on cannabis; intending to return to school; supportive family; letter of apology written to victim. Probation report recommends community programme including drug and alcohol and anger management counselling and 200 hrs community work, as an alternative to a custodial sentence. Aggravating features: complainant only 13.5 yrs; took advantage of relationship with second cousin; Mitigating factors: no violence beyond the act itself; youth of offender; no criminal history; remorseful (although no plea of guilty and abusive towards victim after the event). Criminal Justice Act 1985, s5; Crimes Act 1961, s128B(2); cases dealing with sentencing youth offenders canvassed: Queen v C Crime Appeal 332/95; Queen v Cuckow Crime Appeal 312/91; Queen v Powell Crime Appeal 273/96; Queen v Hodge Crime Appeal 471/94. Queen v Carmichael Crime Appeal 521/94 applied - there pre-emption given to restorative aspects of sentencing as it was noted that unless a rehabilitative approach was taken there was the potential for the defendant to spiral into further serious offending.

Decision: Taking into account the above factors a sentence of two years imprisonment suspended for two years, pursuant to s21A Criminal Justice Act, was imposed plus 12 months on proposed community programme.