R v BRIDGEMAN [2022] NZHC 450

R v BRIDGEMAN [2022] NZHC 450

Offending falls within R v AM band 2; appropriate starting point nine years' imprisonment reduced by 20% (10% personal factors, 10% guilty plea) to an end sentence of seven years and two months to be served cumulatively on an existing nine-year sentence; MPI set at 50% of the new sentence; preventive detention not imposed because a lengthy determinate sentence with MPI and prospect of treatment and ESO considerations provides adequate protection and totality did not make the cumulative term wholly disproportionate.

Citation
[2022] NZHC 450
Parties
Prosecutor: The Queen; Defendant: Darryl Grant Bridgeman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 March 2022
Procedural Posture
Criminal / Sentencing on Guilty Plea
Outcome
Finite sentence imposed; preventive detention declined
Legal Topics
Rape, Preventive Detention, Sentencing Guidelines and Bands, Guilty Plea Discount, Totality Principle, Minimum Period of Imprisonment, Victim Impact
Criminal Law Sexual Offences Sentencing Law Rape Preventive Detention Sentencing Guidelines and Bands Guilty Plea Discount Totality Principle +2 more

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Parties

The Queen

Prosecutor

Darryl Grant Bridgeman

Defendant

Procedural Posture

Criminal / Sentencing on Guilty Plea

Legal Issues

  1. 1 Appropriate finite sentence for historic rape offence
  2. 2 Whether preventive detention is required
  3. 3 Application of R v AM bands and culpability factors

Ratio Decidendi

Offending falls within R v AM band 2; appropriate starting point nine years' imprisonment reduced by 20% (10% personal factors, 10% guilty plea) to an end sentence of seven years and two months to be served cumulatively on an existing nine-year sentence; MPI set at 50% of the new sentence; preventive detention not imposed because a lengthy determinate sentence with MPI and prospect of treatment and ESO considerations provides adequate protection and totality did not make the cumulative term wholly disproportionate.

Court Disposition

Finite sentence imposed; preventive detention declined

Orders

  • Sentence of 7 years and 2 months' imprisonment on charge of sexual violation by rape, to be served cumulatively on existing sentence
  • Minimum period of imprisonment set at 50% of the 7 years 2 months term