R v BOWMAN [2022] NZHC 2622

R v BOWMAN [2022] NZHC 2622

Preventive detention was declined. The Court concluded that although the offender demonstrated an escalating pattern of intimate partner violence and an elevated risk of future offending, factors including absence of prior lengthy imprisonment, equivocal expert assessments, remaining rehabilitative potential, and availability of post-release supervision options meant a lengthy finite sentence would adequately protect the community. The appropriate global finite sentence was 16 years' imprisonment with a minimum period of imprisonment of 8 years, together with a protection order under s123B Sentencing Act 2002.

Citation
[2022] NZHC 2622
Parties
Prosecution: The King; Defendant: Richard Wade Bowman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 October 2022
Procedural Posture
Criminal Sentencing (high Court) / Sentencing Following Jury Conviction and Guilty Plea; Sentencing Transferred From District Court Due to Potential Preventive Detention
Outcome
Preventive detention declined; sentence imposed: 16 years imprisonment with minimum period of 8 years; protection order made in respect of Ms W; no immediate driving disqualification ordered
Legal Topics
Rape, Strangulation, Attempting to Pervert the Course of Justice, Threatening to Kill, Incitement to Suicide, Reckless Driving, Preventive Detention Criteria, Totality in Sentencing, Minimum Period of Imprisonment, Protection Order, Extended Supervision Order
Criminal Law Family Violence Sexual Offences Sentencing Law Preventive Detention Rape Strangulation Attempting to Pervert the Course of Justice +8 more

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Parties

The King

Prosecution

Richard Wade Bowman

Defendant

Procedural Posture

Criminal Sentencing (high Court) / Sentencing Following Jury Conviction and Guilty Plea; Sentencing Transferred From District Court Due to Potential Preventive Detention

Legal Issues

  1. 1 Whether to impose preventive detention or a finite sentence
  2. 2 Appropriate starting point and totality for multiple sexual and family violence offences
  3. 3 Assessment of risk of reoffending and rehabilitative prospects

Ratio Decidendi

Preventive detention was declined. The Court concluded that although the offender demonstrated an escalating pattern of intimate partner violence and an elevated risk of future offending, factors including absence of prior lengthy imprisonment, equivocal expert assessments, remaining rehabilitative potential, and availability of post-release supervision options meant a lengthy finite sentence would adequately protect the community. The appropriate global finite sentence was 16 years' imprisonment with a minimum period of imprisonment of 8 years, together with a protection order under s123B Sentencing Act 2002.

Court Disposition

Preventive detention declined; sentence imposed: 16 years imprisonment with minimum period of 8 years; protection order made in respect of Ms W; no immediate driving disqualification ordered

Orders

  • Sentenced to 16 years' imprisonment with a minimum period of imprisonment of 8 years
  • Protection order made pursuant to Sentencing Act 2002 s123B in respect of Ms W