R v L [2016] NZHC 97

R v L [2016] NZHC 97

Applying R v AM banding the Rape Band offending was placed in Rape Band 4 with a 17 year starting point; aggregated associated USC and indecency offending to an end sentence of 21 years; imposed concurrent cumulative terms structured to produce a four year uplift on top of the existing 17 year sentence; declined to impose preventive detention because the pattern of offending and expert reports did not satisfy statutory criteria and a lengthy determinate sentence with an appropriate MPI provided adequate community protection; adjusted the MPI for the cumulative four-year terms to the statutory maximum of two-thirds (32 months) resulting in an overall MPI of nine years and eight months.

Citation
[2016] NZHC 97
Parties
Crown: The Queen; Defendant: L
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 February 2016
Procedural Posture
Criminal Sexual Offending / Sentencing (post Trial)
Outcome
Preventive detention refused; additional determinate sentences imposed to produce an overall end sentence of 21 years imprisonment; minimum period of imprisonment set at nine years and eight months overall with two years eight months (32 months) as the MPI on each cumulative four-year term.
Legal Topics
Rape, Unlawful Sexual Connection, Indecent Assault, Assault on a Child, Minimum Period of Imprisonment, Totality Principle, Sentencing Banding (r V Am)
Criminal Law Sentencing Sexual Offences Preventive Detention Rape Unlawful Sexual Connection Indecent Assault Assault on a Child +3 more

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Parties

The Queen

Crown

L

Defendant

Procedural Posture

Criminal Sexual Offending / Sentencing (post Trial)

Legal Issues

  1. 1 Appropriate overall sentence for multiple historical sexual offences against children
  2. 2 Application of R v AM banding to determine starting points and uplift for associated offending
  3. 3 Whether preventive detention is warranted

Ratio Decidendi

Applying R v AM banding the Rape Band offending was placed in Rape Band 4 with a 17 year starting point; aggregated associated USC and indecency offending to an end sentence of 21 years; imposed concurrent cumulative terms structured to produce a four year uplift on top of the existing 17 year sentence; declined to impose preventive detention because the pattern of offending and expert reports did not satisfy statutory criteria and a lengthy determinate sentence with an appropriate MPI provided adequate community protection; adjusted the MPI for the cumulative four-year terms to the statutory maximum of two-thirds (32 months) resulting in an overall MPI of nine years and eight months.

Court Disposition

Preventive detention refused; additional determinate sentences imposed to produce an overall end sentence of 21 years imprisonment; minimum period of imprisonment set at nine years and eight months overall with two years eight months (32 months) as the MPI on each cumulative four-year term.

Orders

  • Imposed four year sentences cumulative on the existing 17 year sentences for each offence comprising the Rape Band offending against DQ, those four year sentences concurrent with each other and concurrent with the existing 17 year sentence
  • Imposed concurrent sentences of five years for each charge comprising USC Band offending against DQ, concurrent with the existing sentence