R v WARREN [2017] NZHC 1465

R v WARREN [2017] NZHC 1465

Preventive detention was declined because the defendant demonstrated recent willingness to engage in treatment and a lengthy determinate sentence with a minimum non-parole period would adequately protect the public; the court set a starting point of six years for the sexual violation, uplifted two years for...

Source-derived case information.

Citation
[2017] NZHC 1465
Parties
Crown: The Queen; Defendant: Jason David Warren; Complainant: H
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 June 2017
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to imprisonment
Legal Topics
Preventive Detention, Minimum Period of Imprisonment, Guilty Plea Discount, Totality Principle, Three Strikes Warning
Criminal Law Sexual Offences Domestic Violence Sentencing Law Preventive Detention Minimum Period of Imprisonment Guilty Plea Discount Totality Principle +1 more

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Parties

The Queen

Crown

Jason David Warren

Defendant

H

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether preventive detention should be imposed
  2. 2 Proper starting point for sexual violation by unlawful sexual connection in intimate relationship
  3. 3 Appropriate uplift for associated violent offending and relevance of prior convictions

Ratio Decidendi

Preventive detention was declined because the defendant demonstrated recent willingness to engage in treatment and a lengthy determinate sentence with a minimum non-parole period would adequately protect the public; the court set a starting point of six years for the sexual violation, uplifted two years for associated kidnapping and assaults and one year for prior domestic violence, applied a 20% plea discount, resulting in an effective sentence of seven years two months' imprisonment with a minimum period of four years to be served, all sentences concurrent.

Court Disposition

Defendant sentenced to imprisonment

Orders

  • Sexual violation by unlawful sexual connection: 7 years 2 months imprisonment
  • Kidnapping: 2 years imprisonment