R v MARK DAVID JOHN FRANKLIN [2018] NZHC 1868

R v MARK DAVID JOHN FRANKLIN [2018] NZHC 1868

Preventive detention imposed because the offender demonstrates a clear pattern of serious violent and sexual offending against intimate partners, the offending caused significant psychological harm, risk assessment reports indicate a high likelihood of reoffending, prior ESO failed to protect the community, and a finite sentence would not provide adequate protection; minimum period fixed at five years.

Citation
[2018] NZHC 1868
Parties
Prosecution: The Queen; Defendant: Mark David John Franklin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 July 2018
Procedural Posture
Criminal / Sentencing
Outcome
Preventive detention
Legal Topics
Kidnapping, Male Assaults Female, Assault With a Weapon, Extended Supervision Order, Guilty Plea Discount, Victim Impact
Criminal Law Sentencing Preventive Detention Violent Offences Kidnapping Male Assaults Female Assault With a Weapon Extended Supervision Order +2 more

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Parties

The Queen

Prosecution

Mark David John Franklin

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether preventive detention is necessary under s 87 Sentencing Act 2002
  2. 2 Whether the offender's criminal history discloses a pattern of serious offending
  3. 3 Appropriate starting point and uplifts for kidnapping and related offending

Ratio Decidendi

Preventive detention imposed because the offender demonstrates a clear pattern of serious violent and sexual offending against intimate partners, the offending caused significant psychological harm, risk assessment reports indicate a high likelihood of reoffending, prior ESO failed to protect the community, and a finite sentence would not provide adequate protection; minimum period fixed at five years.

Court Disposition

Preventive detention

Orders

  • Sentence of preventive detention imposed with minimum period of imprisonment of five years
  • First-strike warning given under three-strikes provisions and written notice to be provided