R v WALMSLEY [2016] NZHC 1407

R v WALMSLEY [2016] NZHC 1407

After assessing culpability (planning, vulnerability of victims, scale, breach of trust) and applying R v AM bands, the judge set an adjusted total effective sentence of 22 years' imprisonment with a minimum period of 10 years; starting points used were 16 years for the CYFS rapes and 15 years for the Smith sisters' rapes then scaled back for totality to 22 years; no discount for good character was allowed.

Citation
[2016] NZHC 1407
Parties
Prosecution: The Queen; Defendant: Frank Russell Walmsley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 June 2016
Procedural Posture
Criminal Sexual Offending / Sentencing (post Conviction)
Outcome
Convicted on 52 charges; sentenced to total effective 22 years' imprisonment to be served concurrently with a minimum period of imprisonment of 10 years.
Legal Topics
Rape, Sexual Violation by Unlawful Sexual Connection, Minimum Period of Imprisonment, Totality Principle, Breach of Trust
Criminal Law Sentencing Sexual Offences Child Protection Rape Sexual Violation by Unlawful Sexual Connection Minimum Period of Imprisonment Totality Principle +1 more

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Parties

The Queen

Prosecution

Frank Russell Walmsley

Defendant

Procedural Posture

Criminal Sexual Offending / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate starting point for multiple serious sexual offences
  2. 2 Application of totality to multiple groups of offences
  3. 3 Whether a minimum period under s86 is required

Ratio Decidendi

After assessing culpability (planning, vulnerability of victims, scale, breach of trust) and applying R v AM bands, the judge set an adjusted total effective sentence of 22 years' imprisonment with a minimum period of 10 years; starting points used were 16 years for the CYFS rapes and 15 years for the Smith sisters' rapes then scaled back for totality to 22 years; no discount for good character was allowed.

Court Disposition

Convicted on 52 charges; sentenced to total effective 22 years' imprisonment to be served concurrently with a minimum period of imprisonment of 10 years.

Orders

  • 13 counts of sexual violation by rape: 22 years' imprisonment on each (charges 10,12,13,14,16,22,31,46,48,50,75,77,94) concurrent
  • 14 counts of sexual violation by unlawful sexual connection: 16 years' imprisonment on each concurrent (charges 3,7,8,18,20,27,35,51,53,56,58,83,96,98)