R v “A” [2018] NZHC 2024

R v “A” [2018] NZHC 2024

Impose a finite determinate sentence of 13 years and 9 months' imprisonment (end sentence) with a minimum period of imprisonment of 50% (6 years 10 months and 2 weeks) because the offending—repeated intrafamilial rapes and related violent sexual offending against children—justifies a high determinate sentence; preventive detention is declined because a lengthy determinate sentence, coupled with available post-release measures (including potential ESO) and the offender's expressed willingness to engage in treatment, provides adequate protection and opportunity for rehabilitation.

Citation
[2018] NZHC 2024
Parties
Prosecution: The Queen; Defendant: A
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 August 2018
Procedural Posture
Criminal (sexual Offences) / Sentencing (high Court, Auckland, 9 August 2018)
Outcome
Defendant sentenced to determinate imprisonment; preventive detention not imposed.
Legal Topics
Rape, Sexual Violation, Unlawful Sexual Connection, Assault With a Weapon, Male Assaults Female, Attempted Rape, Minimum Period of Imprisonment (mpi), Preventive Detention, Restorative Justice, Child Sex Offender Registration, Pre Sentence Report
Criminal Law Sentencing Sexual Offences Preventive Detention Child Protection Rape Sexual Violation Unlawful Sexual Connection +7 more

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Parties

The Queen

Prosecution

A

Defendant

Procedural Posture

Criminal (sexual Offences) / Sentencing (high Court, Auckland, 9 August 2018)

Legal Issues

  1. 1 Appropriate finite sentence for repeated intrafamilial child rape and related offences
  2. 2 Whether to impose preventive detention under Sentencing Act s87
  3. 3 Appropriate minimum period of imprisonment (MPI) and percentage to be served before parole

Ratio Decidendi

Impose a finite determinate sentence of 13 years and 9 months' imprisonment (end sentence) with a minimum period of imprisonment of 50% (6 years 10 months and 2 weeks) because the offending—repeated intrafamilial rapes and related violent sexual offending against children—justifies a high determinate sentence; preventive detention is declined because a lengthy determinate sentence, coupled with available post-release measures (including potential ESO) and the offender's expressed willingness to engage in treatment, provides adequate protection and opportunity for rehabilitation.

Court Disposition

Defendant sentenced to determinate imprisonment; preventive detention not imposed.

Orders

  • Sentence of 13 years and 9 months' imprisonment imposed on the two lead counts of sexual violation by rape, to be served concurrently.
  • Minimum period of imprisonment set at 50% of the end sentence (6 years, 10 months and 2 weeks) before parole eligibility on the lead counts.