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

Police v Clarke (25 February 2005) DC, Christchurch, CRN 5209003016, Doherty DCJ

Name: Police v Clarke
Unreported
File number: CRN 5209003016
Date: 25 February 2005
Court: District Court
Location: Christchurch
Judge: Doherty DCJ
CYPFA:
Charge: Aggravated Wounding
Key Title: Sentencing in the adult Courts – Other; Sentencing in the adult Courts – application of Youth Court principles

Summary: Notes on Sentencing. Clarke transferred to adult Court on aggravated wounding charge; 10 or 11 charges still in YC from a crime spree that included car conversion and stealing from cars and shops. During one car conversion attempt, Clarke (then 14) was confronted by the car’s owner; a struggle ensued and Clarke stabbed car owner in the arm twice with scissors leading to aggravated wounding charge; victim suffered permanent injuries. Mitigating factors: unfortunate upbringing; Clarke engaging and bright; family supportive but desperate; remorse. Aggravating factors: drug and alcohol abuse, violence issues; Clarke intended his actions; prior criminal record. Need for deterrence but also rehabilitation; Starting point is 3 – 5 years (R v Hereora [1986] 2 NZLR 164), no "positive or redeeming feature currently in your make-up". Bearing in mind guilty plea and age, credit of one half of sentence.

Decision: Sentenced to two and a half years imprisonment.