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Police v Ngamotu (8 October 2004) DC, Taupö, CRI 2004-269-70, Geoghegan DCJ

Name: Police v Ngamotu
Unreported
File Number: CRI 2004-269-70
Date: 8 October 2004
Court: District Court
Location: Taupo
Judge: Geoghegan DCJ
Charge: Assault with Intent to Rob
CYPFA:
Key Title: Sentencing in the adult Courts - Assault. For the Youth Court decision in this case see Police v N [2005] DCR 376. A summary of this case can be found under the "Conviction and transfer to District Court" key title on this database.

Summary: N (16 at time of offence); entered motel unit and demanded money from victim, co-offender (17) held a slug gun to the victim’s head; In YC, N convicted and transferred to the District Court due to a number of factors in relation to offence and background circumstances including long term criminal offending (see Police v N [2005] DCR 376 (YC)). Other factors include pre-sentence record discussing positive developments in youth’s family since his imprisonment, the defendant’s age and remorse for actions; Court says that youth does not automatically justify leniency but it is a highly relevant consideration; Court applies R v Mako; imprisonment of 18 months; granted leave to apply for home detention

Decision: 18 months imprisonment; leave to apply for home detention.