E v R [2023] NZHC 2829

E v R [2023] NZHC 2829

The Court concluded the Judge's seven year starting point was within permissible range given three aggravating features (victim vulnerability, harm, breach of trust) and the applicable R v AM bands, but the aggregate mitigation was understated; an additional 8% discount for genuine remorse and substantial reparation was warranted, resulting in substitution of the original sentence with a reduced sentence of three years and seven months' imprisonment.

Citation
[2023] NZHC 2829
Parties
Appellant: E; Respondent: The King
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 October 2023
Procedural Posture
Criminal Sentence Appeal / High Court Judgment on Appeal Under S 250 Criminal Procedure Act 2011
Outcome
Appeal allowed in part; original sentence quashed and substituted
Legal Topics
Rape, Sentencing Bands, Mitigation, Remorse, Good Character, Starting Point
Criminal Law Sentencing Sexual Offences Rape Sentencing Bands Mitigation Remorse Good Character +1 more

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Parties

E

Appellant

The King

Respondent

Procedural Posture

Criminal Sentence Appeal / High Court Judgment on Appeal Under S 250 Criminal Procedure Act 2011

Legal Issues

  1. 1 Whether the sentencing Judge erred in adopting a seven year starting point for rape given the brief duration and self-cessation of the offending
  2. 2 Whether the discounts for remorse and previous good character were inadequate

Ratio Decidendi

The Court concluded the Judge's seven year starting point was within permissible range given three aggravating features (victim vulnerability, harm, breach of trust) and the applicable R v AM bands, but the aggregate mitigation was understated; an additional 8% discount for genuine remorse and substantial reparation was warranted, resulting in substitution of the original sentence with a reduced sentence of three years and seven months' imprisonment.

Court Disposition

Appeal allowed in part; original sentence quashed and substituted

Orders

  • Sentence of four years and two months' imprisonment quashed
  • Sentence of three years and seven months' imprisonment imposed