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

Police v Kiripatea, 3 July 2007, High Court, Auckland, CRI-2007-204-00081, Justice Andrews

Name: Police v Kiripatea
Unreported
File number: CRI-2007-204-00081
Court: High Court
Location: Auckland
Date: 3 July 2007
Judge: Justice Andrews
Charge: wounding with intent to cause GBH
CYPFA: s208
Key title: sentencing
Case Summary:
Sentencing. K was acting as a bouncer for a party. Victim arrived in a taxi. K confronted victim and stabbed him 3 times in the abdomen. K attempted to kick the victim after he had fallen but was restrained. At the time of the offence, K was in breach of other bail conditions, and this attack was the third in a series with escalating violence.

Appeared first in the Youth Court. Convicted and transferred under CYPFA s283(o).

Court considered CYPFA and Sentencing Act principle that K’s youth was a significant, and “a particularly important factor”. Guided by Taueki found that K’s actions came within 2nd band (5 to 10 yrs imprisonment) due to seriousness of injuries and use of a knife. In determining starting point, Court referred to recent cases: R v Pritchard HC AK 8 August 2005, Potter J, R v EGO DC WAN 15 May 2006, Judge Callinicos, R v Kara
HC CHCH 18 October 2006, Panckhurst J, R v Uili CA CA148/06 26 October 2006.

Starting point 5 ½ years. Personal factors considered: on bail for robbery, considerable time drinking, positive change in family and employment circumstances since first appearance on this charge, assessed at low risk of re-offending, self referral to alcohol counselling centre, support of whanau. Other factors taken into account were: early guilty plea, acknowledgement of seriousness of offending, agreeing to and acting on future goals. K has made “a real commitment to breaking the mould”.

Decision 50% reduction from starting point of 5 ½ years for youth, early guilty plea, chances of rehabilitation, remorse. Sentenced to 2 yrs 9 mths.