R v TAMATI [2021] NZHC 2885

R v TAMATI [2021] NZHC 2885

Preventive detention was imposed because the offender had committed multiple, serious sexual violations on vulnerable victims, demonstrated a persistent and elevated risk of reoffending despite prior interventions, showed no real engagement with treatment, and a determinate sentence with an ESO would not...

Source-derived case information.

Citation
[2021] NZHC 2885
Parties
Prosecution: The Queen; Defendant: Tristan Tamati
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2021
Procedural Posture
Criminal / Sentencing (preventive Detention Consideration)
Outcome
Preventive detention imposed on counts of rape with minimum period of imprisonment 8 years 6 months; concurrent determinate sentences of 12 years 9 months (two counts of unlawful sexual connection) and 1 year (remaining charge); offender to be entered on Child Sex Offender Register.
Legal Topics
Rape, Unlawful Sexual Connection, Indecent Act With a Young Person, Supply of Methamphetamine, Extended Supervision Order, Child Sex Offender Register
Criminal Law Sentencing Sexual Offences Preventive Detention Rape Unlawful Sexual Connection Indecent Act With a Young Person Supply of Methamphetamine +2 more

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Parties

The Queen

Prosecution

Tristan Tamati

Defendant

Procedural Posture

Criminal / Sentencing (preventive Detention Consideration)

Legal Issues

  1. 1 Whether preventive detention is required
  2. 2 Appropriate finite determinate sentence
  3. 3 Assessment of risk of serious sexual reoffending

Ratio Decidendi

Preventive detention was imposed because the offender had committed multiple, serious sexual violations on vulnerable victims, demonstrated a persistent and elevated risk of reoffending despite prior interventions, showed no real engagement with treatment, and a determinate sentence with an ESO would not sufficiently protect the community.

Court Disposition

Preventive detention imposed on counts of rape with minimum period of imprisonment 8 years 6 months; concurrent determinate sentences of 12 years 9 months (two counts of unlawful sexual connection) and 1 year (remaining charge); offender to be entered on Child Sex Offender Register.

Orders

  • On two offences of sexual violation by rape: preventive detention with a minimum period of imprisonment of 8 years and 6 months.
  • On two offences of unlawful sexual connection: 12 years and 9 months imprisonment.