R v BOND [2016] NZHC 2561

R v BOND [2016] NZHC 2561

Adopted a 14 year starting point for the sexual violation offending (band 3), applied a 12 month uplift for the 1995 abduction to address deterrence, granted a 15% reduction for a late guilty plea, resulting in a finite sentence of 12 years 9 months for the sexual violation charges; imposed a concurrent structure for other offences (3 years aggravated burglary, 2 years assault with a weapon, 3 years abduction) and imposed a minimum period of imprisonment of eight years; preventive detention declined because a lengthy finite sentence combined with the availability of extended supervision and the prospect of offence-specific treatment provided adequate protection for the community.

Citation
[2016] NZHC 2561
Parties
Prosecution: The Queen; Defendant: Devon Charles Bond
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 October 2016
Procedural Posture
Criminal Sexual Offences / Sentencing Hearing and Judgment
Outcome
Finite determinate sentence imposed; preventive detention declined; minimum period of imprisonment (MPI) imposed
Legal Topics
Sentencing Principles, Guilty Plea Discount, Minimum Period of Imprisonment (mpi), Preventive Detention Criteria, Recidivism Risk Assessment, Victim Impact
Criminal Law Sentencing Sexual Offences Preventive Detention Parole Sentencing Principles Guilty Plea Discount Minimum Period of Imprisonment (mpi) +3 more

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Parties

The Queen

Prosecution

Devon Charles Bond

Defendant

Procedural Posture

Criminal Sexual Offences / Sentencing Hearing and Judgment

Legal Issues

  1. 1 Appropriate starting point for rape/sexual violation sentencing under R v AM
  2. 2 Whether to impose preventive detention
  3. 3 Whether to impose a minimum period of imprisonment (MPI)

Ratio Decidendi

Adopted a 14 year starting point for the sexual violation offending (band 3), applied a 12 month uplift for the 1995 abduction to address deterrence, granted a 15% reduction for a late guilty plea, resulting in a finite sentence of 12 years 9 months for the sexual violation charges; imposed a concurrent structure for other offences (3 years aggravated burglary, 2 years assault with a weapon, 3 years abduction) and imposed a minimum period of imprisonment of eight years; preventive detention declined because a lengthy finite sentence combined with the availability of extended supervision and the prospect of offence-specific treatment provided adequate protection for the community.

Court Disposition

Finite determinate sentence imposed; preventive detention declined; minimum period of imprisonment (MPI) imposed

Orders

  • On three charges of sexual violation (including rape): 12 years 9 months imprisonment with a minimum period of imprisonment of 8 years (MPI)
  • Aggravated burglary: 3 years imprisonment (concurrent)