R V SCHOFIELD HC AK CIV 2006-090-10370

R V SCHOFIELD HC AK CIV 2006-090-10370

The court fixed a starting point for the lead sexual violation offences consistent with authorities (rarely less than eight years after contested trial) and imposed a two year uplift to reflect separate, serious blackmail and particularly serious criminal harassment, resulting in an effective concurrent sentence of 10 years' imprisonment.

Citation
openlaw-bc005f35_e98b_42b6_b09e_743243843155.pdf
Parties
Prosecutor: The Queen; Defendant: Robert Nigel Schofield
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 November 2008
Procedural Posture
Criminal Sentencing / Sentencing Hearing
Outcome
Defendant sentenced to an effective term of 10 years imprisonment; sentences for all offences to be served concurrently.
Legal Topics
Rape, Sexual Violation, Unlawful Sexual Connection, Blackmail, Criminal Harassment, Totality Principle, Sentencing Uplift
Criminal Law Sentencing Sexual Offences Extortion/blackmail Harassment Rape Sexual Violation Unlawful Sexual Connection +4 more

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Parties

The Queen

Prosecutor

Robert Nigel Schofield

Defendant

Procedural Posture

Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 appropriate starting point for rape after contested trial
  2. 2 whether aggravating factors exist beyond elements of the offences
  3. 3 quantification of uplift for additional offending (blackmail and harassment)

Ratio Decidendi

The court fixed a starting point for the lead sexual violation offences consistent with authorities (rarely less than eight years after contested trial) and imposed a two year uplift to reflect separate, serious blackmail and particularly serious criminal harassment, resulting in an effective concurrent sentence of 10 years' imprisonment.

Court Disposition

Defendant sentenced to an effective term of 10 years imprisonment; sentences for all offences to be served concurrently.

Orders

  • Sexual violation by rape: 10 years imprisonment
  • Sexual violation by unlawful sexual connection: 10 years imprisonment