R v L [2022] NZHC 2364

R v L [2022] NZHC 2364

Starting point of 11 years for rape banding was adopted and uplifted by one year to 12 years because of prior similar sexual offending; although preventive detention was available given the pattern and risk, the Court declined it by a fine margin because the prior 10 year extended supervision order had previously protected the community and an ESO regime is an adequate and proportionate alternative; MPI of eight years imposed under s86 to ensure accountability and protection if preventive detention not imposed.

Citation
[2022] NZHC 2364
Parties
Prosecution: The King; Defendant: L; Complainant: Complaining witness (daughter)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 September 2022
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to 12 years imprisonment; preventive detention declined; minimum period of imprisonment of 8 years imposed.
Legal Topics
Rape, Preventive Detention, Minimum Period of Imprisonment, Extended Supervision Order, Sentencing Principles
Criminal Law Sentencing Sexual Offences Child Protection Rape Preventive Detention Minimum Period of Imprisonment Extended Supervision Order +1 more

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Parties

The King

Prosecution

L

Defendant

Complaining witness (daughter)

Complainant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate starting point and total sentence for rape of a child by a parent
  2. 2 Whether preventive detention is required
  3. 3 Whether a minimum period of imprisonment (MPI) should be imposed

Ratio Decidendi

Starting point of 11 years for rape banding was adopted and uplifted by one year to 12 years because of prior similar sexual offending; although preventive detention was available given the pattern and risk, the Court declined it by a fine margin because the prior 10 year extended supervision order had previously protected the community and an ESO regime is an adequate and proportionate alternative; MPI of eight years imposed under s86 to ensure accountability and protection if preventive detention not imposed.

Court Disposition

Defendant sentenced to 12 years imprisonment; preventive detention declined; minimum period of imprisonment of 8 years imposed.

Orders

  • Defendant sentenced to 12 years imprisonment
  • Minimum period of imprisonment imposed: 8 years under s86 Sentencing Act 2002