R v JOHN [2018] NZHC 89

R v JOHN [2018] NZHC 89

The Court held starting points of seven years for the rape of Victim 1 and nine years for the rape of Victim 2, combined and adjusted under the totality principle to a 12-year starting point, reduced by six months for youth and previous good character, resulting in a final principal sentence of 11 years and six months for the rape of Victim 2 with concurrent sentences of six years six months for the rape of Victim 1 and four years for unlawful sexual connection of Victim 2; preventive detention was not imposed and a minimum period of imprisonment of six years was ordered.

Citation
[2018] NZHC 89
Parties
Crown: The Queen; Defendant: Joseph John
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 February 2018
Procedural Posture
Criminal / Sentencing (post Conviction, High Court Jury Verdict)
Outcome
Convicted and sentenced
Legal Topics
Rape, Sexual Violation, Sentencing Principles, Totality Principle, Minimum Period of Imprisonment, Preventive Detention, Risk Assessment and Rehabilitation
Criminal Law Sentencing Sexual Offences Corrections Rape Sexual Violation Sentencing Principles Totality Principle +3 more

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 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Queen

Crown

Joseph John

Defendant

Procedural Posture

Criminal / Sentencing (post Conviction, High Court Jury Verdict)

Legal Issues

  1. 1 Appropriate starting points for multiple rape/sexual violation offences
  2. 2 Application of totality principle for cumulative sentencing
  3. 3 Whether preventive detention threshold is met

Ratio Decidendi

The Court held starting points of seven years for the rape of Victim 1 and nine years for the rape of Victim 2, combined and adjusted under the totality principle to a 12-year starting point, reduced by six months for youth and previous good character, resulting in a final principal sentence of 11 years and six months for the rape of Victim 2 with concurrent sentences of six years six months for the rape of Victim 1 and four years for unlawful sexual connection of Victim 2; preventive detention was not imposed and a minimum period of imprisonment of six years was ordered.

Court Disposition

Convicted and sentenced

Orders

  • 11 years and six months' imprisonment on charge of sexual violation by rape of Victim 2
  • Six years and six months' imprisonment on charge of sexual violation by rape of Victim 1, to be served concurrently with the sentence for Victim 2