R v TORU [2018] NZHC 1598

R v TORU [2018] NZHC 1598

Applying R v AM, the rapes were placed in band two with a starting point of 11 years 6 months; an uplift was applied for separate violent and detention offending on 21 July, and a cumulative stand-alone sentence of 15 months imposed for attempting to pervert the course of justice; after applying the totality principle reductions the effective total sentence is 12 years 9 months' imprisonment; no minimum period of imprisonment was imposed because rehabilitation prospects and complainant support justified not deferring parole consideration.

Citation
[2018] NZHC 1598
Parties
Crown: The Queen; Defendant: Teina Toru
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 June 2018
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Rape, Unlawful Sexual Connection, Kidnapping, Assault, Attempting to Pervert the Course of Justice, Totality Principle, Minimum Period of Imprisonment, First Strike Warning, Victim Impact and Mitigation
Criminal Law Sexual Offences Domestic Violence Sentencing Law Rape Unlawful Sexual Connection Kidnapping Assault +5 more

Case Brief

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Parties

The Queen

Crown

Teina Toru

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate overall sentence for multiple sexual and violent offences
  2. 2 Application of R v AM bands to rape convictions
  3. 3 Whether to impose a minimum period of imprisonment

Ratio Decidendi

Applying R v AM, the rapes were placed in band two with a starting point of 11 years 6 months; an uplift was applied for separate violent and detention offending on 21 July, and a cumulative stand-alone sentence of 15 months imposed for attempting to pervert the course of justice; after applying the totality principle reductions the effective total sentence is 12 years 9 months' imprisonment; no minimum period of imprisonment was imposed because rehabilitation prospects and complainant support justified not deferring parole consideration.

Court Disposition

Convicted and sentenced

Orders

  • Total sentence: 12 years and 9 months' imprisonment
  • Concurrent sentences totalling 11 years and 6 months for offending on 19 and 21 July 2017 and a cumulative sentence of 15 months for attempting to pervert the course of justice served after those sentences