R v STEPHENSON [2018] NZHC 2628

R v STEPHENSON [2018] NZHC 2628

The appropriate sentence was determined by fixing a five‑year starting point for kidnapping (reflecting premeditation, weapons, detention, violence and extensive offending), adding one year for the indecent assault and one year for the drug offending, applying a six‑month uplift for prior violent record and...

Source-derived case information.

Citation
[2018] NZHC 2628
Parties
Crown: The Queen; Defendant: David Aaron Stephenson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 October 2018
Procedural Posture
Criminal / Sentencing
Outcome
Defendant convicted on multiple charges and sentenced to an effective term of six years and five months' imprisonment; certain lesser charges resulted in convictions and discharges; kidnapping and indecent assault are second‑strike offences attracting no parole.
Legal Topics
Kidnapping, Indecent Assault, Supply of Methamphetamine, Possession of Firearms, Threatening to Kill, Assault With a Weapon, Male Assaults Female, Breach of Parole, Guilty Plea Discount, Second Strike Sentencing
Criminal Law Sentencing Drugs Sexual Offences Firearms Parole Kidnapping Indecent Assault +8 more

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Parties

The Queen

Crown

David Aaron Stephenson

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate starting point for kidnapping given aggravating features
  2. 2 Whether threats, firearms and violence were subsumed into kidnapping or required separate uplift
  3. 3 Appropriate uplift for indecent sexual offending and drug offending

Ratio Decidendi

The appropriate sentence was determined by fixing a five‑year starting point for kidnapping (reflecting premeditation, weapons, detention, violence and extensive offending), adding one year for the indecent assault and one year for the drug offending, applying a six‑month uplift for prior violent record and offending on parole, granting a four‑month reduction for remorse and a 10% reduction for the timely guilty plea, resulting in an effective concurrent custodial sentence of six years and five months with the kidnapping and indecent assault being second‑strike offences attracting no parole.

Court Disposition

Defendant convicted on multiple charges and sentenced to an effective term of six years and five months' imprisonment; certain lesser charges resulted in convictions and discharges; kidnapping and indecent assault are second‑strike offences attracting no parole.

Orders

  • Six years and five months' imprisonment for kidnapping (lead offence)
  • Three years' imprisonment for indecent assault (concurrent)