Permanent Name Suppression for a Child Convicted of Homicide

Abstract

This article discusses the Court of Appeal decision which overturned a High Court decision refusing permanent name suppression for a 13-year-old child convicted of manslaughter (R v DP & RP [2015] NZHC 1765). It examines the wider question of a principled approach to such cases of child-perpetrated homicide. In New Zealand, such cases are tried and sentenced in the adult jurisdiction. The author suggests that extreme youth raises questions of appropriate criminal procedure and jurisdiction in this area, such as the concept of permanent name suppression. The article concludes that there is a strong case for permanent name suppression for young offenders who are tried and sentenced in the adult jurisdiction, due to their particular characteristic of youth, and the importance of reintegration.

Keywords: Criminal Law, Homicide, Name Suppression, Criminal Procedure, New Zealand

JEL Classification: K00, K10, K14, K40