R v CHARLTON [2018] NZHC 740

R v CHARLTON [2018] NZHC 740

Preventive detention was necessary because the offending disclosed a long, serious pattern against vulnerable victims, occurred in multiple contexts including custody, offender demonstrated lack of remorse, high risk factors including psychopathy and a demonstrated failure or unwillingness to engage in effective treatment, and therefore a lengthy determinate sentence would not provide adequate protection for the community; accordingly imposed preventive detention with a minimum period of imprisonment of eight years.

Citation
[2018] NZHC 740
Parties
Crown/prosecution: The Queen; Defendant: Brent William Charlton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 April 2018
Procedural Posture
Criminal Sexual Offences Sentencing / Sentencing / Sentencing Notes and Orders
Outcome
Preventive detention imposed
Legal Topics
Rape, Unlawful Sexual Connection, Preventive Detention, Minimum Period of Imprisonment, Risk Assessment, Sentencing Guidelines (r V Am)
Criminal Law Sexual Offences Sentencing Law Preventive Detention Rape Unlawful Sexual Connection Minimum Period of Imprisonment Risk Assessment +1 more

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Parties

The Queen

Crown/prosecution

Brent William Charlton

Defendant

Procedural Posture

Criminal Sexual Offences Sentencing / Sentencing / Sentencing Notes and Orders

Legal Issues

  1. 1 Appropriate total finite sentence length for multiple sexual offences spanning 14 years
  2. 2 Whether to impose a minimum period of imprisonment (MPI)
  3. 3 Whether to impose preventive detention under s87 Sentencing Act 2002

Ratio Decidendi

Preventive detention was necessary because the offending disclosed a long, serious pattern against vulnerable victims, occurred in multiple contexts including custody, offender demonstrated lack of remorse, high risk factors including psychopathy and a demonstrated failure or unwillingness to engage in effective treatment, and therefore a lengthy determinate sentence would not provide adequate protection for the community; accordingly imposed preventive detention with a minimum period of imprisonment of eight years.

Court Disposition

Preventive detention imposed

Orders

  • Preventive detention imposed; minimum period of imprisonment (MPI) fixed at eight years