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

Police v MJL (16 June 2005) DC, Invercargill, CRN 4225018618, Judge O’Driscoll DCJ

Name: Police v MJL
Unreported:
File number: CRN 4225018618
Court: District Court
Location: Invercargill
Date: 16 June 2005
Judge: O’Driscoll DCJ
Charge: Indecent Assault
CYPFA:
Key title: Media Reporting; Sentencing in the adult Courts - Other

Summary: Notes on Sentencing. MJL sentenced on a charge of indecently assaulting a girl under the age of 12, offence occurred more than 12 months ago. CYF and Police recommended convict and transfer to DC (s283(o) CYPFA); victim’s mother thought MJL should complete a Stop Adolescent Programme or be transferred to the DC; MJL desperately in need of help; pre-sentence report recommends supervision for 2 years with special conditions. MJL sentenced to supervision for 2 years with 5 conditions: (1) attend Stop Programme for 18 months and adhere to strict safety guidelines as advised by the programme clinician; (2) to be assessed for a Straight Thinking Programme and attend as directed by the probation officer; (3) no contact with people of, or under, the age of 16 years; (4) no contact with victim or victim’s family without written approval of the probation officer; and (5) to take counselling or treatment as directed by the probation officer.

Whether to grant name suppression. Victim seeks that name not be suppressed. MJL argues (1) disclosure of name may inhibit the rehabilitative nature of the sentence imposed; (2) MJL is vulnerable and currently in employment, publication may affect any progress the Stop Programme is designed to achieve; (3) Delay – if matter had been dealt with quickly, MJL would have been 16 when dealt with and would have had the benefit of anonymity and YC jurisdiction. Difficult balancing matter. Public interest in name being published; serious offending and matter is now in the DC; condition that no contact with person under 16 difficult to enforce if name not published. Public interest in favour of publication of name.

Decision: Two years supervision with conditions including attendance at a Stop Programme. Order for name suppression refused.