R v TAYLOR [2018] NZHC 2170

R v TAYLOR [2018] NZHC 2170

Court fixed a global starting point of 16.5 years (14 years for January 2018 rape-related offending plus 2.5 years uplift for October 2017 offending), added 6 months for prior burglaries, applied no mental illness discount, allowed a 25% plea discount reducing the determinate end sentence to 12 years 9 months, but concluded preventive detention was required given the established pattern of escalating sexual home-invasion offending, high risk of reoffending, failed treatment efforts and vulnerability of victims; preventive detention imposed on rape, two kidnappings and unlawful sexual connection with a minimum period of imprisonment of 10 years, together with concurrent determinate terms...

Citation
[2018] NZHC 2170
Parties
Prosecution: The Queen; Defendant: Kally Joseph Taylor
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 August 2018
Procedural Posture
Criminal Sentencing / Sentence Hearing / Notes on Sentence
Outcome
Preventive detention imposed on specified counts; concurrent determinate terms imposed for remaining counts
Legal Topics
Rape, Indecent Assault, Kidnapping, Attempted Rape, Unlawful Sexual Connection, Aggravated Robbery, Three Strikes Regime, Minimum Period of Imprisonment, Risk Assessment, Victim Impact
Criminal Law Sexual Offences Sentencing Law Preventive Detention Robbery Kidnapping Rape Indecent Assault +7 more

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Parties

The Queen

Prosecution

Kally Joseph Taylor

Defendant

Procedural Posture

Criminal Sentencing / Sentence Hearing / Notes on Sentence

Legal Issues

  1. 1 Appropriate determinate sentence length for multiple sexual and related offences
  2. 2 Whether preventive detention is warranted under s87 Sentencing Act
  3. 3 Appropriate minimum period of imprisonment for preventive detention under s89

Ratio Decidendi

Court fixed a global starting point of 16.5 years (14 years for January 2018 rape-related offending plus 2.5 years uplift for October 2017 offending), added 6 months for prior burglaries, applied no mental illness discount, allowed a 25% plea discount reducing the determinate end sentence to 12 years 9 months, but concluded preventive detention was required given the established pattern of escalating sexual home-invasion offending, high risk of reoffending, failed treatment efforts and vulnerability of victims; preventive detention imposed on rape, two kidnappings and unlawful sexual connection with a minimum period of imprisonment of 10 years, together with concurrent determinate terms...

Court Disposition

Preventive detention imposed on specified counts; concurrent determinate terms imposed for remaining counts

Orders

  • Preventive detention on charge of rape, two charges of kidnapping, and unlawful sexual connection with a minimum period of imprisonment of 10 years
  • Five years' imprisonment on charge of attempted rape (concurrent)