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NZ Police v A K, 24 September 2007, District Court, Auckland, Judge Fitzgerald, CRI 2007-204-000438

Name: NZ Police v AK
Unreported
File number: CRI 2007-204-000438
Court: District Court
Location: Auckland
Date: 24 September 2007
Judge: Judge Fitzgerald
Charge: Sexual violation, indecent assault
CYPFA: s283(a) Rating: 4
Key title: Social Work plan, discharge Rating: 3

Case Summary:
At a FGC on 16 July 2007, AK admitted one charge of sexual violation, one representative charge of sexual violation by unlawful sexual connection, two charges of detaining the victim- one with intent to have sexual intercourse and one with intent to have unlawful sexual connection, a representative charge of indecent assault and a representative charge of threatening to do GBH and two representative charges of doing an indecent act.
The offending occurred when AK was aged between 14 and 17 years of age. The victim was AK’s niece who was between 7 and 10 years of age during that period.
On 19 July 2007 AK was offered and accepted YC jurisdiction.
The Court was asked to approve the updated social work plan and regularly monitor it by reviews throughout its duration. The plan included participation in a SAFE programme that AK was undertaking. The programme would last for 18-24 months and would therefore run well beyond the period of YC jurisdiction as AK was already 17 years of age. This course of action was approved by all concerned.
The Court said that, if AK complies with the plan, he could expect to be discharged under s283(a) of the CYPFA. If he does not comply he most likely would face conviction and transfer to the DC for sentencing and likely imprisonment.

Decision:
Approving the social work plan. Having regard to the objects and principles of the CYPFA,- ss4,5 and 208 and the factors when sentencing under s284 the Judge approved the social work plan.
The matter was adjourned until 8 October for the initial review, which would include a review of AK’s involvement in the SAFE programme