R v HEKE-GRAY [2019] NZHC 2841

R v HEKE-GRAY [2019] NZHC 2841

Preventive detention imposed because the defendant's conviction history and the present offending disclose a pattern of serious sexual and violent offending causing serious harm, expert assessments (confirmed after disputed fact hearing) indicated moderate-to-high risk of reoffending, defendant's ongoing denial and...

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Citation
[2019] NZHC 2841
Parties
Prosecution: The Queen; Defendant: Jessie Arthur Heke-Gray
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 November 2019
Procedural Posture
Criminal Sexual Offending / Sentencing (high Court)
Outcome
Preventive detention imposed with specified concurrent terms on related charges and three-strikes warning issued
Legal Topics
Rape, Unlawful Sexual Connection, Preventive Detention Assessment, Conspiracy to Pervert the Course of Justice, Sentencing Discounts for Systemic Deprivation, Expert Evidence on Adhd/fasd, Three Strikes Warning
Criminal Law Sentencing Preventive Detention Sexual Offences Firearms Offences Rape Unlawful Sexual Connection Preventive Detention Assessment +4 more

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Parties

The Queen

Prosecution

Jessie Arthur Heke-Gray

Defendant

Procedural Posture

Criminal Sexual Offending / Sentencing (high Court)

Legal Issues

  1. 1 Whether preventive detention is warranted under s87 Sentencing Act 2002
  2. 2 Appropriate finite sentence and starting point for multiple connected sexual and violent offences
  3. 3 Extent to which childhood trauma, systemic deprivation, ADHD/FASD and substance abuse mitigate moral culpability

Ratio Decidendi

Preventive detention imposed because the defendant's conviction history and the present offending disclose a pattern of serious sexual and violent offending causing serious harm, expert assessments (confirmed after disputed fact hearing) indicated moderate-to-high risk of reoffending, defendant's ongoing denial and poor engagement with rehabilitation reduced prospects of safe community reintegration, and a lengthy determinate sentence was not preferable; minimum period of imprisonment set equal to the finite MPI calculated (7 years 6 months).

Court Disposition

Preventive detention imposed with specified concurrent terms on related charges and three-strikes warning issued

Orders

  • Preventive detention on charge of male rapes female with minimum non-parole period of 7 years 6 months
  • Each of five charges of unlawful sexual connection: 4 years' imprisonment each, each to be served concurrently with the sentence on the rape charge