R v FOWLER [2017] NZHC 484

R v FOWLER [2017] NZHC 484

Judge found offending fell squarely within rape band three, set a starting point of 15 years, applied a 15% guilty plea discount resulting in 12 years 9 months imprisonment, declined preventive detention because there was no established ongoing pattern and there was a realistic prospect of addressing risk through...

Source-derived case information.

Citation
[2017] NZHC 484
Parties
Crown: THE QUEEN; Defendant: COREY DAVID FOWLER
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 March 2017
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 12 years 9 months imprisonment; minimum period of imprisonment 6 years 6 months; preventive detention not imposed; other sentences to be served concurrently; subject to Child Sex Offenders Register obligations.
Legal Topics
Rape, Sexual Violation, Unlawful Sexual Connection, Aggravated Burglary, Attempt to Pervert the Course of Justice, Preventive Detention Criteria, Three Strikes Warning, Minimum Period of Imprisonment, Child Sex Offenders Register
Criminal Law Sentencing Sexual Offences Preventive Detention Child Protection Rape Sexual Violation Unlawful Sexual Connection +6 more

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Parties

THE QUEEN

Crown

COREY DAVID FOWLER

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether preventive detention is required under s87
  2. 2 Appropriate band and starting point for rape sentencing under R v AM
  3. 3 Whether guilty plea discount applies and quantum

Ratio Decidendi

Judge found offending fell squarely within rape band three, set a starting point of 15 years, applied a 15% guilty plea discount resulting in 12 years 9 months imprisonment, declined preventive detention because there was no established ongoing pattern and there was a realistic prospect of addressing risk through treatment, and imposed a minimum period of imprisonment of 6 years 6 months; all other sentences to be concurrent.

Court Disposition

Defendant sentenced to 12 years 9 months imprisonment; minimum period of imprisonment 6 years 6 months; preventive detention not imposed; other sentences to be served concurrently; subject to Child Sex Offenders Register obligations.

Orders

  • Sentence of 12 years 9 months imprisonment on lead sexual violation charges to be served concurrently with other counts
  • Minimum period of imprisonment of 6 years 6 months imposed on lead sexual violation charges