R v HOGBEN [2018] NZHC 3220

R v HOGBEN [2018] NZHC 3220

Having assessed aggravating factors (planning, violence, vulnerability, harm and scale) and applied R v AM banding, the Court concluded the 1998 offending sat at the upper end of band 2 warranting a 12 year starting point; uplift for the related 1999 offence to 14 years for combined offending, then deducting credit for the seven year sentence already served (and limited guilty plea credit already applied in 1999) produced a six year finite sentence for the 1998 offending. Preventive detention was not imposed and a minimum period under s86 was not imposed given elapsed history, extended supervision already served and current risk assessment.

Citation
[2018] NZHC 3220
Parties
Prosecutor: The Queen; Defendant: Adrian Raymond Hogben; Victim/complainant: Complainant
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2018
Procedural Posture
Criminal Sexual Offences / Sentencing (post Trial)
Outcome
Defendant sentenced to six years' imprisonment on each count, sentences to be served concurrently; no minimum period of imprisonment imposed; publication ban in place under s202 Criminal Procedure Act 2011.
Legal Topics
Rape, Unlawful Sexual Connection, Historic Offending, Totality Principle, Minimum Period of Imprisonment
Criminal Law Sexual Offences Sentencing Law Rape Unlawful Sexual Connection Historic Offending Totality Principle Minimum Period of Imprisonment

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Parties

The Queen

Prosecutor

Adrian Raymond Hogben

Defendant

Complainant

Victim/complainant

Procedural Posture

Criminal Sexual Offences / Sentencing (post Trial)

Legal Issues

  1. 1 Appropriate global sentence for historic serial sexual offending
  2. 2 Application of R v AM bands to aggravating features
  3. 3 Application of totality principle given prior related sentence

Ratio Decidendi

Having assessed aggravating factors (planning, violence, vulnerability, harm and scale) and applied R v AM banding, the Court concluded the 1998 offending sat at the upper end of band 2 warranting a 12 year starting point; uplift for the related 1999 offence to 14 years for combined offending, then deducting credit for the seven year sentence already served (and limited guilty plea credit already applied in 1999) produced a six year finite sentence for the 1998 offending. Preventive detention was not imposed and a minimum period under s86 was not imposed given elapsed history, extended supervision already served and current risk assessment.

Court Disposition

Defendant sentenced to six years' imprisonment on each count, sentences to be served concurrently; no minimum period of imprisonment imposed; publication ban in place under s202 Criminal Procedure Act 2011.

Orders

  • Defendant sentenced to six years' imprisonment on each conviction, concurrent sentences
  • No minimum period of imprisonment imposed (parole eligibility to be determined by Parole Board)