R v THOMPSON [2020] NZHC 195

R v THOMPSON [2020] NZHC 195

Adopted a middle-of-band 2 starting point of nine years for sexual violation by rape; applied a 10% uplift for prior sexual convictions and a 10% mitigation for personal factors producing the same starting point; applied a 20% guilty plea discount to reach a final determinate sentence of seven years two months imprisonment and imposed a minimum period equal to 60% of the term; preventive detention, though considered and despite finding a high risk of reoffending, was declined because a lengthy determinate sentence together with required treatment and the availability of extended supervision could provide adequate community protection.

Citation
[2020] NZHC 195
Parties
Prosecution: The Queen; Defendant: Johnathon Barry Thompson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 February 2020
Procedural Posture
Criminal: Sexual Violation (rape) / Sentencing Hearing (sentence Imposed)
Outcome
Sentenced to seven years and two months' imprisonment; preventive detention not imposed; minimum period of imprisonment set at 60% of the term
Legal Topics
Rape, Sentencing Guidelines and Banding, Guilty Plea Discount, Prior Convictions Uplift, Minimum Period of Imprisonment, Preventive Detention S87 Analysis, Extended Supervision Order
Criminal Law Sentencing Sexual Offences Preventive Detention Risk Assessment Rape Sentencing Guidelines and Banding Guilty Plea Discount +4 more

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Parties

The Queen

Prosecution

Johnathon Barry Thompson

Defendant

Procedural Posture

Criminal: Sexual Violation (rape) / Sentencing Hearing (sentence Imposed)

Legal Issues

  1. 1 Appropriate starting point and adjustments for sexual violation by rape under R v AM banding
  2. 2 Whether preventive detention is warranted under Sentencing Act s87
  3. 3 Whether statutory minimum period is insufficient and whether a longer minimum should be imposed

Ratio Decidendi

Adopted a middle-of-band 2 starting point of nine years for sexual violation by rape; applied a 10% uplift for prior sexual convictions and a 10% mitigation for personal factors producing the same starting point; applied a 20% guilty plea discount to reach a final determinate sentence of seven years two months imprisonment and imposed a minimum period equal to 60% of the term; preventive detention, though considered and despite finding a high risk of reoffending, was declined because a lengthy determinate sentence together with required treatment and the availability of extended supervision could provide adequate community protection.

Court Disposition

Sentenced to seven years and two months' imprisonment; preventive detention not imposed; minimum period of imprisonment set at 60% of the term

Orders

  • Sentenced to 7 years and 2 months' imprisonment for sexual violation by rape
  • Minimum period of imprisonment fixed at 60% of the sentence (eligible for parole after serving 60% of term)