R v PATEMAN [2017] NZHC 2401

R v PATEMAN [2017] NZHC 2401

Preventive detention was not warranted because a determinate sentence coupled with prison-based assessment and rehabilitation, possible Extended Supervision Order, placement on the Child Sex Offender Register and the offender's age and health provided adequate protection; applying R v AM rape bands the Court set a 12.5 year starting point, uplifted six months for a similar prior conviction, allowed a full 25% guilty plea discount, resulting in a global sentence of nine years nine months with a five year MPI.

Citation
[2017] NZHC 2401
Parties
Crown: The Queen; Defendant: Keith Charles Pateman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 October 2017
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Defendant convicted and sentenced to a determinate term of imprisonment; preventive detention declined; placed on Child Sex Offender Register; MPI imposed.
Legal Topics
Rape, Sexual Violation, Sexual Conduct With a Child, Preventive Detention, Minimum Period of Imprisonment, Child Sex Offender Register
Criminal Law Sentencing Sexual Offences Child Protection Risk Assessment Rape Sexual Violation Sexual Conduct With a Child +3 more

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Parties

The Queen

Crown

Keith Charles Pateman

Defendant

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Whether preventive detention was warranted
  2. 2 Appropriate starting point within R v AM rape bands
  3. 3 Application of aggravating and mitigating factors including premeditation, vulnerability and breach of trust

Ratio Decidendi

Preventive detention was not warranted because a determinate sentence coupled with prison-based assessment and rehabilitation, possible Extended Supervision Order, placement on the Child Sex Offender Register and the offender's age and health provided adequate protection; applying R v AM rape bands the Court set a 12.5 year starting point, uplifted six months for a similar prior conviction, allowed a full 25% guilty plea discount, resulting in a global sentence of nine years nine months with a five year MPI.

Court Disposition

Defendant convicted and sentenced to a determinate term of imprisonment; preventive detention declined; placed on Child Sex Offender Register; MPI imposed.

Orders

  • Sentence of 9 years and 9 months' imprisonment imposed in respect of the charges of sexual violation by rape
  • Sentence of 5 years' imprisonment imposed on the charge of sexual violation by unlawful sexual connection (concurrent)