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

Police v Kennedy 15 May 2007, High Court, Wellington, CRI 2007-485-05, Justice Wild

Name: Police v Kennedy
Unreported
File number: CRI 2007-485-05
Court: High Court
Location: Wellington
Date: 15 May 2007
Judge: Justice Wild
Charge: wounding with reckless disregard, assault with intent to injure
CYPFA:
Key title: sentencing – serious assault
Case Summary:
Crown appeal against sentence of 350 hours community work and $2,400 reparation. K (16 yrs at time of offending) was part of group which chased and kicked victim.

Crown argued that sentencing judge in DC erred in considering parity of sentencing between co-offenders as the determinative factor, not just one factor to be weighed with others, and that differences between co-offenders not adequately distinguished. Court held these criticisms were well made.

Crown also argued that DC judge did not refer to Taueki sentencing bands, or fix a starting point for the sentence. Court agreed and referred to R v Pakaru HC HAM CRI 2006-070-492 29 September 2006.

Court decided it “neither necessary or appropriate” to resolve differences between X v Police (2005) and R v Patea-Glendinning (2006), but held that any application of the offender’s youth as a factor in sentencing does not affect the applicability of Taueki, and can only be done after a starting point has first been fixed.

Decision:
Held offending was Taueki band 2 and deserved 2 – 2.5 years. But, given time since offending, part completion of community work sentence, reparation, anger management course, and cooking qualification, plus perfect compliance with supervision conditions, and taking R v Donaldson (1997) 14 PRNZ 537 at 550 into account, appeal dismissed.