Cases list

Title
R v Junior Sami

Assault with intent to rob a women in grabbing her handbag and attempting to rip it from her possession in company. She was pulled off balance and fell to the ground.

Foley, A (2013) 22 JJA 130

Foley (2013) examines the link between retribution and punishment, concluding that restorative justice may also acheive retributive aims. 

Abstract (pp. 130)

An important (New Zealand) case recognising the scope for restorative processes to achieve retributive purposes sentencing goals is R v Junior Sami 2005 DC AK [14 October 2005] [full citation, link]

 

Assault with intent to rob a women in grabbing her handbag and attempting to rip it from her possession in company. She was pulled off balance and fell to the ground.

Justice McElrea said in Sami [para no 26]

Where a defendant takes part in a restorative justice process…then that can have a very real relevance in terms of the purposes of sentencing. Where a defendant such as Mr Sami takes part in a conference with a direct face-to-face meeting with the victim (and is willing to answer her questions and to be accountable to her in a very direct way) the Court in my view can accept, as a mitigating factor, that he has already been held accountable in that face-to-face way for harm done, and he has been held accountable in a way which is likely to promote a sense of responsibility for harm and some personal acknowledgement of that harm.