R v WILSON [2018] NZHC 3117

R v WILSON [2018] NZHC 3117

Judge assessed that if the present 1972–1980 charges had been before Heron J in 1996 the starting point would have been increased by approximately one third (2 years 8 months); allowed 4 months reduction for age, rejected remorse and delay as discounts, declined home detention as inappropriate, and imposed concurrent sentences producing an effective sentence of 2 years 4 months imprisonment.

Citation
[2018] NZHC 3117
Parties
Crown: The Queen; Defendant: Stewart Murray Wilson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 November 2018
Procedural Posture
Criminal / Sentencing
Outcome
Defendant sentenced to an effective term of 2 years 4 months imprisonment; sentences concurrent; home detention declined.
Legal Topics
Rape, Attempted Rape, Indecent Assault, Burglary, Threats to Kill, Historic Offences, Totality Principle, Home Detention
Criminal Law Sexual Offences Sentencing Rape Attempted Rape Indecent Assault Burglary Threats to Kill +3 more

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Parties

The Queen

Crown

Stewart Murray Wilson

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate additional sentence for historic offending already subject to a long prior sentence (1996)
  2. 2 Application of totality principles to cumulative historic offending
  3. 3 Whether Heron J (1996) would have increased the starting point for offences now before the Court

Ratio Decidendi

Judge assessed that if the present 1972–1980 charges had been before Heron J in 1996 the starting point would have been increased by approximately one third (2 years 8 months); allowed 4 months reduction for age, rejected remorse and delay as discounts, declined home detention as inappropriate, and imposed concurrent sentences producing an effective sentence of 2 years 4 months imprisonment.

Court Disposition

Defendant sentenced to an effective term of 2 years 4 months imprisonment; sentences concurrent; home detention declined.

Orders

  • Rape (each count): 2 years 4 months imprisonment (concurrent)
  • Attempted rape: 1 year 2 months imprisonment (concurrent)