R v K [2023] NZHC 726

R v K [2023] NZHC 726

Preventive detention was imposed for the offences against the two child victims (T and J) because the Court was satisfied the offender was likely to commit another qualifying sexual offence at the expiry of any lengthy finite sentence given his long pattern of serious intra- and extra-familial sexual offending, high assessed risk, failure to engage in treatment and lack of insight; for the 1991/92 adult victim (Ms P) a determinate sentence was imposed reflecting historic sentencing law, with all sentences to be served concurrently and specified minimum periods of imprisonment.

Citation
[2023] NZHC 726
Parties
Crown/prosecution: The King; Defendant: K
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 April 2023
Procedural Posture
Criminal Sentencing for Multiple Sexual Offences / Sentencing (high Court) After Jury Convictions; Transferred Under S90 for Preventive Detention Consideration
Outcome
Preventive detention imposed for offences against child victims; determinate imprisonment for historic adult rape; all sentences concurrent.
Legal Topics
Rape, Unlawful Sexual Connection, Indecency With a Child, Abduction for Sexual Intercourse, Minimum Period of Imprisonment, Sentencing Guidelines (r V Am), Totality
Criminal Law Sentencing Sexual Offences Preventive Detention Rape Unlawful Sexual Connection Indecency With a Child Abduction for Sexual Intercourse +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 7 Authorities cited 17 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

The King

Crown/prosecution

K

Defendant

Procedural Posture

Criminal Sentencing for Multiple Sexual Offences / Sentencing (high Court) After Jury Convictions; Transferred Under S90 for Preventive Detention Consideration

Legal Issues

  1. 1 Appropriate finite sentencing starting points for multiple historic and recent sexual offences
  2. 2 Whether preventive detention under s87 Sentencing Act 2002 is required
  3. 3 Application of R v AM sentencing bands to family child sexual offending

Ratio Decidendi

Preventive detention was imposed for the offences against the two child victims (T and J) because the Court was satisfied the offender was likely to commit another qualifying sexual offence at the expiry of any lengthy finite sentence given his long pattern of serious intra- and extra-familial sexual offending, high assessed risk, failure to engage in treatment and lack of insight; for the 1991/92 adult victim (Ms P) a determinate sentence was imposed reflecting historic sentencing law, with all sentences to be served concurrently and specified minimum periods of imprisonment.

Court Disposition

Preventive detention imposed for offences against child victims; determinate imprisonment for historic adult rape; all sentences concurrent.

Orders

  • Offences against adult victim Ms P: eight years and six months' imprisonment with a five-year minimum period of imprisonment (to be served concurrently).
  • Offences against T and J: preventive detention on each relevant charge with a minimum period of imprisonment of ten years (all preventive detention sentences concurrent with other sentences).