R v CHASE [2017] NZHC 244

R v CHASE [2017] NZHC 244

The appropriate starting point for the lead rape convictions was 16 years (band four of R v AM); uplift of 2.5 years for totality of long‑term, repeated violent offending produced an overall determinate sentence of 18 years and 6 months; preventive detention was not imposed because a lengthy determinate sentence together with parole supervision and the prospect of a future extended supervision order provided sufficient community protection; a 50% minimum period (nine years and three months) was imposed because the normal one‑third minimum was inadequate given lack of remorse, ongoing risk and gravity of harm.

Citation
[2017] NZHC 244
Parties
Prosecution: The Queen; Defendant: Hoani John Chase; Complainant: Complainant (name suppressed)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 February 2017
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Convicted and sentenced to determinate imprisonment of 18 years and 6 months with a minimum period of imprisonment of 9 years and 3 months; preventive detention declined; publication of complainant identifying particulars prohibited under s203 Criminal Procedure Act 2011.
Legal Topics
Rape, Preventive Detention, Minimum Period of Imprisonment, Totality Principle, Victim Impact
Criminal Law Sexual Offences Domestic Violence Law Sentencing Law Rape Preventive Detention Minimum Period of Imprisonment Totality Principle +1 more

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Parties

The Queen

Prosecution

Hoani John Chase

Defendant

Complainant (name suppressed)

Complainant

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate starting point for multiple counts of rape within R v AM band four
  2. 2 Whether to impose preventive detention under Sentencing Act s87
  3. 3 Appropriate uplift for totality to reflect multiple other violent offences over 16 years

Ratio Decidendi

The appropriate starting point for the lead rape convictions was 16 years (band four of R v AM); uplift of 2.5 years for totality of long‑term, repeated violent offending produced an overall determinate sentence of 18 years and 6 months; preventive detention was not imposed because a lengthy determinate sentence together with parole supervision and the prospect of a future extended supervision order provided sufficient community protection; a 50% minimum period (nine years and three months) was imposed because the normal one‑third minimum was inadequate given lack of remorse, ongoing risk and gravity of harm.

Court Disposition

Convicted and sentenced to determinate imprisonment of 18 years and 6 months with a minimum period of imprisonment of 9 years and 3 months; preventive detention declined; publication of complainant identifying particulars prohibited under s203 Criminal Procedure Act 2011.

Orders

  • Sexual violation by rape (charges 7,15,16,17,29,32): 18 years 6 months imprisonment each, minimum period 9 years 3 months each
  • Threatening to kill (charges 9,10,13,14,26,27): 2 years imprisonment each