Rotorua offender discharges halved

Photo / File

The number of Rotorua offenders being discharged without conviction has halved over the last three years.

However a Rotorua barrister says the recent High Court decision not to convict the teen who assaulted West Auckland schoolboy Stephen Dudley before his death will "alter the law".

Ministry of Justice figures released to the Rotorua Daily Post show Rotorua courts discharged 48 people without conviction last year, down from 80 the previous year and 107 in 2011.

The majority of the offences during the three-year period were for public order disturbances, followed by "acts with intent to injure".

Rotorua offenders also escaped convictions for theft, fraud, prohibited weapons and drugs offences.

Of the 48 people discharged in Rotorua last year, 27 were male and 21 were female.

The number of people discharged without conviction nationally also dropped from 3185 in 2011 to 2720 in 2012, to 2199 last year.

Last month, Maori King Tuheitia's son, Korotangi Paki, 19, made headlines when he was let off charges of burglary, theft and drink driving after his defence counsel successfully argued a conviction would ruin his chances of succeeding to the throne.

In the High Court in Auckland earlier this month, Justice Helen Winkelmann decided not to convict the teen who assaulted 15-year-old Stephen Dudley before his death on June 6 last year.

Rotorua lawyer Rob Vigor-Brown said that decision would "alter the law".

The test to qualify for a discharge without conviction had been "rigorously" applied up until now, but Justice Winkelmann's decision marked a turning point, he said.

"Historically it has been very difficult to prove to the court's satisfaction that a conviction would impact on the young person's ability to gain meaningful employment.

"Now it appears to be accepted by the court that it is a general principle."

Mr Vigor-Brown agreed with Justice Winkelmann's comments that a conviction would have a disproportionate impact on a young person's ability to play a worthwhile role in society, especially given adolescents didn't reach full brain development until their early 20s.

However, Sensible Sentencing Trust national spokeswoman Ruth Money said while the number had come down, more discharges were being granted for "inappropriate" crimes such as assault and drink driving causing injury.

Districts Courts general manager Tony Fisher said a judge had the ability to grant a discharge without conviction under the 2002 Sentencing Act, unless there was a minimum sentence specified for the offence.