New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discharge under s 282

Legal area

Court

17 Dec 2019

HK v NEW ZEALAND POLICE [2019] NZHC 3346

Citation

[2019] NZHC 3346
Court

High Court

The High Court allowed the appeal because the Youth Court erred by over-emphasising incomplete elements of the rehabilitation plan and failing to give adequate weight to the applicant's overall progress, reasons for non-compliance, young age, personal circumstances and compliance with restrictive bail; in the interests of the young person and as the best means to reduce reoffending a full discharge under s 282 was warranted.
12 Dec 2017

MW v POLICE [2017] NZHC 3084

Citation

[2017] NZHC 3084
Court

High Court

The appeal is dismissed. The Court held there was no prejudice from the Police's change of position because the appellant was aware transfer to the District Court remained possible and the Youth Court was not bound by the family group conference recommendation; further, the sentence (retention in the Youth Court with conditions rather than a discharge) was not manifestly excessive given the gravity of the rape, breach of trust, victim impact and the limits of discharge as an available remedy.