R v CHADWICK [2021] NZHC 3038

R v CHADWICK [2021] NZHC 3038

Offending was band two rape against an eight-year-old in the defendant's overnight care with significant breach of trust and lasting harm; starting point set at 9.5 years (114 months); uplift of six months applied for prior Australian child sexual offending; guilty plea discount of 15% (17 months) applied but reduced by 6 months because of uplift, producing a sentence for the present offending of 103 months (8 years 7 months); cumulative approach with existing sentence adopted but reduced for totality to a global 12 years' imprisonment, resulting in 9 years to be served from sentencing after deducting 3 years already served.

Citation
[2021] NZHC 3038
Parties
Prosecution: The Queen; Defendant: Jeffrey Frank Chadwick
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 October 2021
Procedural Posture
Criminal Sexual Violation (rape) / Sentencing Hearing (high Court)
Outcome
Convicted and sentenced. Global sentence fixed at 12 years' imprisonment cumulative with existing sentence; resulting sentence from today nine years' imprisonment after deducting three years already served.
Legal Topics
Rape, Child Sexual Abuse, Breach of Trust, Totality Principle, Guilty Plea Discount, Overseas Convictions
Criminal Law Sexual Offences Sentencing Rape Child Sexual Abuse Breach of Trust Totality Principle Guilty Plea Discount +1 more

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Parties

The Queen

Prosecution

Jeffrey Frank Chadwick

Defendant

Procedural Posture

Criminal Sexual Violation (rape) / Sentencing Hearing (high Court)

Legal Issues

  1. 1 Appropriate starting point for rape involving an 8-year-old (band two offending)
  2. 2 Application of aggravating and mitigating factors including breach of trust and victim vulnerability
  3. 3 Uplift for prior overseas sexual offending and effect on sentence

Ratio Decidendi

Offending was band two rape against an eight-year-old in the defendant's overnight care with significant breach of trust and lasting harm; starting point set at 9.5 years (114 months); uplift of six months applied for prior Australian child sexual offending; guilty plea discount of 15% (17 months) applied but reduced by 6 months because of uplift, producing a sentence for the present offending of 103 months (8 years 7 months); cumulative approach with existing sentence adopted but reduced for totality to a global 12 years' imprisonment, resulting in 9 years to be served from sentencing after deducting 3 years already served.

Court Disposition

Convicted and sentenced. Global sentence fixed at 12 years' imprisonment cumulative with existing sentence; resulting sentence from today nine years' imprisonment after deducting three years already served.

Orders

  • Conviction recorded for sexual violation by rape.
  • Sentence imposed: present offending fixed at 8 years 7 months (103 months); global cumulative sentence adjusted to 12 years' imprisonment.