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R v Alec Junior Moala and Others , 12 December 2007, High Court, Auckland, Justice Courtney , CRI-2006-092-000461, CRI-2007-404-000028
Name: R v Alec Junior Moala and Others
Unreported
File number: CRI-2006-092-000461, CRI-2007-404-000028
Court: High Court
Location: Auckland
Date: 12 December 2007
Judge: Justice Courtney
Charge: accessory after the fact of murder
CYPFA::
Key title: sentencing – serious assault
Case Summary: M (16 years old at the time of the offending) pleaded guilty to being an accessory after the fact of a fatal shooting, carried out by an adult associate in a gang related street confrontation. Two other adult associates, also charged with being accessories, had previously been sentenced to 9 months imprisonment.
Justice Courtney recognised that the charge was only plead to after M was within the High Court jurisdiction, and, that if it had been laid earlier, M would have been entitled to have had it dealt with in the Youth Court. This factor was taken into account by the Court in sentencing, following S v R CA 284/02 31 October 2002.
Other factors in mitigation included remorse, no previous convictions, and good behaviour during 12 months on bail. M also had prospects of employment, a stable home, and a pregnant partner.
The Court commented that M’s youth gang associations put him at a high risk of reoffending.
Decision: 6 months home detention with conditions.
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