Page 52 - Magistrates Conference 2019
P. 52
Youth and Young Age Considerations
• Youth and the prospects of rehabilitation may be mitigating factors relative to an
offender.
• In some cases young offenders may have been directed by others who are older. It
would only encourage that practice to impose lower sentences unless there are real
prospects of rehabilitation and unlikelihood of re-offending.
• However, where the offender is a youth who is in relevant respects a first offender and
appears genuinely motivated to reform, there may be benefit both to the offender and
society in a significantly reduced sentence. Whether this is so in a particular case
requires a realistic assessment which gives proper weight to the fact that aggravated
robbery even when committed by an immature offender, remains serious violent
offending.
See R v Mako CA 446/99 (New Zealand)
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