R v AITCHISON [2017] NZHC 3218

R v AITCHISON [2017] NZHC 3218

Each conviction was sentenced at the low end of band three with a starting point of 12 years per offence; having regard to the totality and the comparable seriousness of both offences involving highly vulnerable victims and gross breach of trust an uplift of 2.5 years was justified, producing a concurrent global sentence of 14.5 years, and a minimum period of imprisonment of 50% (7 years 3 months) was imposed under s86 because denial impeded rehabilitation and community protection required it.

Citation
[2017] NZHC 3218
Parties
Crown: The Queen; Defendant: Jason Ian Aitchison
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2017
Procedural Posture
Criminal Sexual Violation (rape) / Sentencing in High Court
Outcome
Convicted; sentenced to imprisonment for a total of 14.5 years to be served concurrently for the two rape convictions; minimum period of imprisonment 7 years 3 months
Legal Topics
Rape, Sentencing Principles, Minimum Period of Imprisonment, Totality Principle, Vulnerability and Breach of Trust
Criminal Law Sexual Offences Sentencing Law Rape Sentencing Principles Minimum Period of Imprisonment Totality Principle Vulnerability and Breach of Trust

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Crown

Jason Ian Aitchison

Defendant

Procedural Posture

Criminal Sexual Violation (rape) / Sentencing in High Court

Legal Issues

  1. 1 Proper starting point under guideline bands for rape offences
  2. 2 Whether multiple incidents could be established beyond reasonable doubt for each charge
  3. 3 Application of totality principle to multiple convictions

Ratio Decidendi

Each conviction was sentenced at the low end of band three with a starting point of 12 years per offence; having regard to the totality and the comparable seriousness of both offences involving highly vulnerable victims and gross breach of trust an uplift of 2.5 years was justified, producing a concurrent global sentence of 14.5 years, and a minimum period of imprisonment of 50% (7 years 3 months) was imposed under s86 because denial impeded rehabilitation and community protection required it.

Court Disposition

Convicted; sentenced to imprisonment for a total of 14.5 years to be served concurrently for the two rape convictions; minimum period of imprisonment 7 years 3 months

Orders

  • Imprisonment for 14.5 years in total
  • Sentences for two offences: 12 years each uplifted by 2.5 years to reflect the other offence, to be served concurrently