R v H [2018] NZHC 2144

R v H [2018] NZHC 2144

Given the extreme seriousness, multiple victims and pattern of intrusions the appropriate starting point was fixed at 18 years' imprisonment; a holistic 15% discount was applied for age and tangible health/communication difficulties and a 20% discount for the guilty pleas, producing an overall concurrent sentence of 12 years and two months' imprisonment; no minimum period was imposed because of the offender's age and health and likely segregation; the offender is registrable under the Child Protection Act 2016.

Citation
[2018] NZHC 2144
Parties
Crown: The Queen; Defendant: M H
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 August 2018
Procedural Posture
Criminal Sentencing / Sentence Imposed Following Plea Indication and Guilty Plea
Outcome
Overall sentence imposed: 12 years and two months' imprisonment, concurrent on all counts; no minimum period of imprisonment imposed; offender to be registered under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; specified charges dismissed.
Legal Topics
Rape, Sexual Violation, Indecent Act on a Child, Guilty Plea Discount, Minimum Period of Imprisonment, Child Sex Offender Register
Criminal Law Sexual Offences Child Protection Sentencing Rape Sexual Violation Indecent Act on a Child Guilty Plea Discount +2 more

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Parties

The Queen

Crown

M H

Defendant

Procedural Posture

Criminal Sentencing / Sentence Imposed Following Plea Indication and Guilty Plea

Legal Issues

  1. 1 Appropriate starting point for multiple rape and sexual violation offences involving young children and multiple victims
  2. 2 Extent of mitigation for offender's age, health and communication difficulties
  3. 3 Appropriate credit for guilty pleas and presence or absence of demonstrable remorse

Ratio Decidendi

Given the extreme seriousness, multiple victims and pattern of intrusions the appropriate starting point was fixed at 18 years' imprisonment; a holistic 15% discount was applied for age and tangible health/communication difficulties and a 20% discount for the guilty pleas, producing an overall concurrent sentence of 12 years and two months' imprisonment; no minimum period was imposed because of the offender's age and health and likely segregation; the offender is registrable under the Child Protection Act 2016.

Court Disposition

Overall sentence imposed: 12 years and two months' imprisonment, concurrent on all counts; no minimum period of imprisonment imposed; offender to be registered under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; specified charges dismissed.

Orders

  • On two rape charges: 12 years and two months' imprisonment on each charge
  • On anal violation charges: 12 years and two months' imprisonment on each charge