R v MARU (SENTENCING REMARKS) [2018] NZHC 1562

R v MARU (SENTENCING REMARKS) [2018] NZHC 1562

Court placed the sexual violation in the higher end of band 2/ lower end of band 3 and adopted a starting point for the rape of 12 years 6 months; calculated a global starting point of 14 years 9 months after adding appropriate starting points for separate District Court offences; applied a 10% discount for youth and a 5% discount for guilty pleas to some offences (limited because the complainant still had to give evidence), producing an effective aggregate sentence of 12 years 6 months imprisonment; set component terms (rape 10 years 8 months concurrent wounding 4 years; cumulative shorter terms for other offences), declined to make a reparation order, imposed an MPI initially of 7 years...

Citation
[2018] NZHC 1562
Parties
Prosecution: The Queen; Defendant: Shane Maru
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 June 2018
Procedural Posture
Criminal Sentencing / Sentencing (high Court)
Outcome
Defendant sentenced to imprisonment for a total effective term of 12 years 6 months; minimum period of imprisonment set at 6 years 3 months; specific concurrent and cumulative component sentences imposed; no reparation order; victim protection order made.
Legal Topics
Rape, Wounding With Intent to Cause Grievous Bodily Harm, Totality Principle, Minimum Period of Imprisonment, Concurrent and Cumulative Sentencing, Guilty Plea Discount, Youth Discount, Victim Protection Order
Criminal Law Sentencing Sexual Offences Violent Offences Rape Wounding With Intent to Cause Grievous Bodily Harm Totality Principle Minimum Period of Imprisonment +4 more

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Parties

The Queen

Prosecution

Shane Maru

Defendant

Procedural Posture

Criminal Sentencing / Sentencing (high Court)

Legal Issues

  1. 1 Appropriate starting point for sexual violation/rape under R v AM bands
  2. 2 Whether violence should be treated as aggravating or as intrinsic to the sexual offending
  3. 3 Application of the totality principle to cumulate District Court offending

Ratio Decidendi

Court placed the sexual violation in the higher end of band 2/ lower end of band 3 and adopted a starting point for the rape of 12 years 6 months; calculated a global starting point of 14 years 9 months after adding appropriate starting points for separate District Court offences; applied a 10% discount for youth and a 5% discount for guilty pleas to some offences (limited because the complainant still had to give evidence), producing an effective aggregate sentence of 12 years 6 months imprisonment; set component terms (rape 10 years 8 months concurrent wounding 4 years; cumulative shorter terms for other offences), declined to make a reparation order, imposed an MPI initially of 7 years...

Court Disposition

Defendant sentenced to imprisonment for a total effective term of 12 years 6 months; minimum period of imprisonment set at 6 years 3 months; specific concurrent and cumulative component sentences imposed; no reparation order; victim protection order made.

Orders

  • Sexual violation by rape: 10 years 8 months imprisonment (lead offence)
  • Wounding with intent to cause grievous bodily harm: 4 years imprisonment (concurrent)