R v APPERLEY [2019] NZHC 1276

R v APPERLEY [2019] NZHC 1276

Preventive detention was necessary because the offender presented a continuing high risk of serious sexual offending despite prior custodial sentence and treatment; a finite sentence of 17 years with a two-thirds MPI would not provide adequate protection given enduring personality/psychopathic traits and uncertainty about long-term treatment success, therefore preventive detention with a minimum period of imprisonment of 10 years was imposed.

Citation
[2019] NZHC 1276
Parties
Prosecution: The Queen; Defendant: Richard George Apperley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 June 2019
Procedural Posture
Criminal Sentencing for Multiple Sexual and Related Offences / Sentencing Hearing (preventive Detention Considered and Imposed)
Outcome
Preventive detention imposed with a minimum period of imprisonment of 10 years; concurrent determinate sentences imposed for specified charges
Legal Topics
Rape/sexual Violation, Assault With a Weapon, Extended Supervision Order, Risk Assessment and Treatment, Minimum Period of Imprisonment (mpi)
Criminal Law Sentencing Sexual Offences Preventive Detention Objectionable Publications Rape/sexual Violation Assault With a Weapon Extended Supervision Order +2 more

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Parties

The Queen

Prosecution

Richard George Apperley

Defendant

Procedural Posture

Criminal Sentencing for Multiple Sexual and Related Offences / Sentencing Hearing (preventive Detention Considered and Imposed)

Legal Issues

  1. 1 Whether preventive detention is appropriate
  2. 2 Appropriate finite sentence and starting point under R v AM guideline band four
  3. 3 Appropriate minimum period of imprisonment (MPI)

Ratio Decidendi

Preventive detention was necessary because the offender presented a continuing high risk of serious sexual offending despite prior custodial sentence and treatment; a finite sentence of 17 years with a two-thirds MPI would not provide adequate protection given enduring personality/psychopathic traits and uncertainty about long-term treatment success, therefore preventive detention with a minimum period of imprisonment of 10 years was imposed.

Court Disposition

Preventive detention imposed with a minimum period of imprisonment of 10 years; concurrent determinate sentences imposed for specified charges

Orders

  • Preventive detention imposed with MPI of 10 years on counts 10, 11 and 12 (sexual offending on F, G and H)
  • Concurrent determinate sentence of 12 years and 9 months' imprisonment on charges 1-8 (sexual offending against E)