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

Herewini v Police (19 September 1997) HC, Hamilton, AP 85/97, Hammond J

Name: Herewini v Police
Unreported
File number: AP 85/97
Date: 19 September 1997
Court: High Court
Location: Hamilton
Judge: Hammond J
CYPFA: s351
Charge: Aggravated Burglary, Wounding with Intent to cause Grievous Bodily Harm, and Unlawfully Getting into a Motor Vehicle.
Key Title: Sentencing in the adult Courts - Aggravated Burglary; Sentencing in the adult Courts - other; General Principles of Sentencing - eg Parity/Jurisdiction

Summary: Appeal against sentence. H (15 yrs 3 months at time of offending) pleaded guilty to charges of aggravated burglary, wounding with intent to cause grievous bodily harm and unlawfully getting into a vehicle; H first appeared in YC; proceedings removed to DC for sentencing; appeal against that decision dismissed on 18/7/97 (Hamilton Registry, AP63/97, Hammond  J). H effectively sentenced to two years imprisonment concurrent on the two more serious charges, and discharged on the third charge; H appealed against sentence. Co-offender (15) dealt with in Youth Court by way of a constructive rehabilitation programme; parity issue; in lower Court circumstances of offenders were considered to be different as co-offender was remorseful and had family support; notable that some of H’s supporters were not present at his FGC. Viewed objectively, the administration of justice had miscarried (R v Monica, CA484/93, 25 March 1994).

Decision: Appeal allowed, suspended prison sentence substituted.