R v BURRETT [2016] NZHC 644

R v BURRETT [2016] NZHC 644

Applying R v AM banding the lead offending fell at the high end (band four) and related unlawful sexual connection offences in band three; a 26-year starting point was appropriate, reduced by 25% for guilty pleas to an effective global sentence of 19.5 years, with a minimum period of imprisonment of 10 years, and a finite sentence (not preventive detention) imposed given the statutory framework and the defendant's age despite high assessed risk of reoffending.

Citation
[2016] NZHC 644
Parties
Crown: The Queen; Defendant: Robert Selwyn Burrett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Defendant convicted and sentenced to imprisonment for an effective total of 19.5 years with a minimum period of imprisonment of 10 years; suppression and destruction orders granted.
Legal Topics
Rape, Unlawful Sexual Connection, Indecent Assault, Possession of Objectionable Publications, Sentencing Principles, Minimum Period of Imprisonment, Publication Suppression
Criminal Law Sexual Offences Sentencing Rape Unlawful Sexual Connection Indecent Assault Possession of Objectionable Publications Sentencing Principles +2 more

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Parties

The Queen

Crown

Robert Selwyn Burrett

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate overall sentence for multiple, prolonged sexual offending against children
  2. 2 Application of R v AM sentencing bands to offences involving rape and unlawful sexual connection
  3. 3 Whether preventive detention was appropriate

Ratio Decidendi

Applying R v AM banding the lead offending fell at the high end (band four) and related unlawful sexual connection offences in band three; a 26-year starting point was appropriate, reduced by 25% for guilty pleas to an effective global sentence of 19.5 years, with a minimum period of imprisonment of 10 years, and a finite sentence (not preventive detention) imposed given the statutory framework and the defendant's age despite high assessed risk of reoffending.

Court Disposition

Defendant convicted and sentenced to imprisonment for an effective total of 19.5 years with a minimum period of imprisonment of 10 years; suppression and destruction orders granted.

Orders

  • Effective global sentence of 19.5 years' imprisonment
  • Minimum period of imprisonment fixed at 10 years before parole consideration