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.