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

R v M & HM (A Youth) (30 August 2006, DC, Gisborne, 2006-216-31) Thorburn DCJ

Name: R v HR, MW & WT
Unreported:
File number: 2006-216-60
Court: District Court
Location: Gisborne
Date: 22 December 2006
Judge: Thorburn DCJ
Charge: Aggravated Robbery
CYPFA:
Key title: Sentencing in the adult Courts – Aggravated Robbery; Sentencing in the adult Courts – application of Youth Court principles
Case Summary: M (now 19) & HM (now 15) jointly charged with aggravated robbery after attack on two elderly, frail sisters. Attacked the elderly women in their home and stole $180. Both young women have strong family presence and support but culture of violence in parts of family.

M: Just prior to offending M had suffered serious abuse by gang members and used “P” to cope. Has made significant rehabilitative progress, intensive drug rehabilitation programme. R v Mako, R v Taueki; starting point of 5 years imprisonment. Credit for guilty plea and demonstrated progress.

Decision re M: 2 years, 3 months imprisonment plus three months imprisonment to be served concurrently on further using a document charges.

HM: YC jurisdiction had been declined; s153A guilty plea. R v Mako [para 60 –65]; prospect of rehabilitation for person as young as HM a mitigating factor. Youth justice principles relevant in the adult Courts: X v Police (11 February 2005) HC, Auckland, CRI 2004-404-374, Heath and Courtney JJ). SA s7 rehabilitation; HM has also made significant progress on remand.

Decision re HM: 18 months imprisonment, leave reserved for home detention application. Commencement of sentence deferred for 2 months (s100(1) SA) due to exceptional circumstances, YP integrated into good education programme. Further conditions as to counselling and education programmes.