R v RIHARI [2021] NZHC 3334

R v RIHARI [2021] NZHC 3334

The judge fixed separate starting points for historical and recent offending (7 years non-adjusted for lead historical rape uplifted to 13 years to reflect totality; 4 years for recent unlawful sexual connection), applied combined personal discounts of 25% (15% for advanced age/health, 10% for causal background deprivation), resulting in concurrent and cumulative sentences producing a global sentence of 12 years 9 months' imprisonment; no MPI was imposed because MPI cannot apply to pre-1993 offending and parole eligibility after one-third made an MPI redundant for the recent offence.

Citation
[2021] NZHC 3334
Parties
Crown (prosecution): The Queen; Defendant: Bill Rihari
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2021
Procedural Posture
Criminal Sexual Offending / Sentencing Hearing Sentence Imposed
Outcome
Convicted and sentenced to a global term of 12 years 9 months' imprisonment (historical and recent offending addressed separately and imposed cumulatively as specified); no minimum period of imprisonment imposed.
Legal Topics
Rape, Indecency, Unlawful Sexual Connection, Historical Offending, Taueki Methodology, Minimum Period of Imprisonment, Totality and Concurrency, Victim Impact
Criminal Law Sentencing Sexual Offences Family/child Abuse Rape Indecency Unlawful Sexual Connection Historical Offending +4 more

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Parties

The Queen

Crown (prosecution)

Bill Rihari

Defendant

Procedural Posture

Criminal Sexual Offending / Sentencing Hearing Sentence Imposed

Legal Issues

  1. 1 Appropriate starting points for historical (pre-1993) and recent offending
  2. 2 Application of Taueki method and totality principles for multiple historical offences
  3. 3 Extent and quantum of mitigation for age, health and cultural/deprivation background

Ratio Decidendi

The judge fixed separate starting points for historical and recent offending (7 years non-adjusted for lead historical rape uplifted to 13 years to reflect totality; 4 years for recent unlawful sexual connection), applied combined personal discounts of 25% (15% for advanced age/health, 10% for causal background deprivation), resulting in concurrent and cumulative sentences producing a global sentence of 12 years 9 months' imprisonment; no MPI was imposed because MPI cannot apply to pre-1993 offending and parole eligibility after one-third made an MPI redundant for the recent offence.

Court Disposition

Convicted and sentenced to a global term of 12 years 9 months' imprisonment (historical and recent offending addressed separately and imposed cumulatively as specified); no minimum period of imprisonment imposed.

Orders

  • Sentence: 9 years 9 months' imprisonment on historical charges (representative rape of EF as lead; remaining historical charges to be served concurrently)
  • Sentence: 3 years' imprisonment on recent charges (representative unlawful sexual connection of AB as lead; related recent charges to be served concurrently), to be served cumulatively on the historical sentence