R v UTATAO [2018] NZHC 2044

R v UTATAO [2018] NZHC 2044

Preventive detention was imposed because the defendant demonstrates a documented and escalating pattern of serious sexual and violent offending—including prior rapes, subsequent violent assaults, and opportunistic random offending against a stranger—coupled with failure to engage with assessment/treatment and...

Source-derived case information.

Citation
[2018] NZHC 2044
Parties
Prosecution: The Queen; Defendant: Samuel McCarthy Utatao
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 August 2018
Procedural Posture
Criminal / Sentencing
Outcome
Preventive detention imposed
Legal Topics
Preventive Detention, Three Strikes Warning, Sentencing Principles, Parole Eligibility, Risk Assessment, R V AM Guideline
Criminal Law Sentencing Sexual Offences Preventive Detention Drugs Offences Three Strikes Warning Sentencing Principles Parole Eligibility +2 more

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Parties

The Queen

Prosecution

Samuel McCarthy Utatao

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether to impose preventive detention rather than a finite sentence
  2. 2 Whether defendant could be treated as absent for sentencing under s123 Criminal Procedure Act 2011
  3. 3 Requirement to give three strikes warning following multiple rape convictions

Ratio Decidendi

Preventive detention was imposed because the defendant demonstrates a documented and escalating pattern of serious sexual and violent offending—including prior rapes, subsequent violent assaults, and opportunistic random offending against a stranger—coupled with failure to engage with assessment/treatment and psychiatric/psychological reports indicating a moderate-to-high risk of future sexual or violent offending; a finite determinate sentence would not provide adequate protection to the community, therefore preventive detention with a six year minimum term before parole eligibility was necessary.

Court Disposition

Preventive detention imposed

Orders

  • Preventive detention on two charges of sexual violation by rape and one charge of sexual violation by unlawful sexual connection with a minimum term of six years imprisonment before eligibility to apply for parole
  • Sentence of two years imprisonment on the charge of doing an indecent act on a young person (to be served concurrently)