R v DC AND ST [2016] NZHC 1984

R v DC AND ST [2016] NZHC 1984

Starting point for each offender fixed at 10 years imprisonment pursuant to R v AM and comparable authorities, then reduced for personal mitigation (DC reduced 30%, ST reduced 35%), producing an effective custodial sentence of six years six months for each defendant, with component sentences to be served concurrently.

Citation
[2016] NZHC 1984
Parties
Crown: The Queen; Defendant: DC; Defendant: ST
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 August 2016
Procedural Posture
Criminal Sexual Offences / Sentencing in High Court
Outcome
Defendants DC and ST each sentenced to six years and six months imprisonment; component sentences imposed and ordered to be served concurrently; publication restrictions imposed for complainants
Legal Topics
Rape, Unlawful Sexual Connection, Indecent Assault, Victim Impact, Starting Point Methodology, Mitigation, Breach of Trust
Criminal Law Sexual Offences Sentencing Rape Unlawful Sexual Connection Indecent Assault Victim Impact Starting Point Methodology +2 more

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Parties

The Queen

Crown

DC

Defendant

ST

Defendant

Procedural Posture

Criminal Sexual Offences / Sentencing in High Court

Legal Issues

  1. 1 What is the appropriate starting point for sentencing for rape and unlawful sexual connection in these facts
  2. 2 Whether aggravating factors (victim vulnerability, harm, breach of trust, scale/duration) justify upward adjustment
  3. 3 Extent of mitigation for youth at time of offending, lack of relevant prior convictions, family responsibilities and prospects of rehabilitation

Ratio Decidendi

Starting point for each offender fixed at 10 years imprisonment pursuant to R v AM and comparable authorities, then reduced for personal mitigation (DC reduced 30%, ST reduced 35%), producing an effective custodial sentence of six years six months for each defendant, with component sentences to be served concurrently.

Court Disposition

Defendants DC and ST each sentenced to six years and six months imprisonment; component sentences imposed and ordered to be served concurrently; publication restrictions imposed for complainants

Orders

  • Publication prohibited of names and identifying particulars of complainants pursuant to s139 Criminal Justice Act 1985 and ss200/203 Criminal Procedure Act 2011
  • DC: Imprisonment 6 years 6 months for rape of C, rape of J and sexual violation of J (charges 6,13,14); plus 3 years for assault with intent to commit sexual violation (charge 11) and 2 years for three indecent assaults (charges 1,3,4); all sentences concurrent (total 6 years 6 months)