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Police v ML (11 November 2004) DC, Auckland, CRN 4204003095 & ors, Harvey DCJ
Name: Police v ML
Unreported
File number: CRN 4204003095 AND ORS
Date: 11 November 2004
Court: District Court
Location: Auckland
Judge: Harvey DCJ
CYPFA:
Charge: Sexual Violation; Indecent Assault
Key Title: Sentencing in the adult Courts - Sexual Violation - Digital
Penetration
Summary: Notes on sentencing; ML (15) charged with sexual violation and indecent assault; complainant a 5 year old girl; matters transferred from Youth Court to District Court; significant harm suffered by victim. Aggravating factors: violence, breach of trust as residing in victim’s house; Mitigating factors: no previous convictions; guilty plea; remorseful.
High authority cited for sentence of 18 months to two years imprisonment in cases of this nature; in one case 18 months supervision imposed on offender of 14 years of age. Sentencing Act 2002 and CYPFA principles considered particularly importance of reintegration and rehabilitation; no "special ticket" for YPs but must take into account issues affecting YPs. Held: Imprisonment would be contrary to rehabilitation and reintegration policies behind CYPFA; 18 months to 2 years a long time within a YP’s timeframe (CYPFA s5(f)); Police v C, (CA 332/95, 28 September 1995) applied; SAFE programme would achieve rehabilitation and reintegration goals of legislation.
Decision: Placed on supervision for two years on condition that SAFE programme be completed and counselling undertaken as directed.
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