New Zealand Case Law: Decisions & Judgments

Topic

Child sex offender register

Legal area

Court

15 Dec 2023

JONES v NEW ZEALAND POLICE [2023] NZHC 3730

Citation

[2023] NZHC 3730
Court

High Court

The High Court concluded there was no error in the District Court Judge's exercise of sentencing discretion: there was no evidential basis to award credit for assistance, the lengthy seven-year possession undermined any significant credit for previous good character, the charitable payment did not alter the sentencing assessment, and therefore the two years and two months' imprisonment was not manifestly excessive.
13 Dec 2023

R v ATW [2023] NZHC 3661

Citation

[2023] NZHC 3661
Court

High Court

Given Crown withdrew its call for preventive detention and the defendant had completed an intensive rehabilitation programme (Te Piriti) with assessed reduction in sexual offending risk, the judge lawfully imposed a finite custodial sentence sized to correspond broadly with completion of treatment and to protect the community under the Leitch principle as affirmed in Bell; the court adopted the Crown's starting point and adjustments resulting in a concurrent finite sentence of six years, four months and two weeks on the sexual offending counts and two months concurrent on the assault count, w…
4 May 2023

L (CA564/2022) v R [2023] NZCA 144

Citation

[2023] NZCA 144
Court

Court of Appeal

Evidence that the complainant had seen the defendant be violent was admissible to explain her reactions; the trial judge properly curtailed irrelevant cross-examination about the mother's allegations to avoid a collateral trial and mitigated any prejudice by directions; the inadvertent unredacted reference to going 'back' to prison was cured by a strong direction and did not require aborting the trial; and the sentencing judge properly declined home detention and imposed 21 months' imprisonment given the appellant's denial, drug use, assessed high risk and unsuitability of the proposed addres…
29 Apr 2023

C (CA537/2022) v R [2023] NZCA 121

Citation

[2023] NZCA 121
Court

Court of Appeal

On a rehearing of the threshold the Court was satisfied, applying s 9(3) factors, that the appellant posed a real and genuine risk to the sexual safety of children generally given the nature and seriousness of the index offence, the appellant's prior similar sexual offending, the significant age disparity and breach of trust, and the role of alcohol combined with lack of professional treatment; the sentencing Judge did not err in exercising the discretion to make a registration order and any mistaken belief about ability to apply for removal was not material to the decision.
6 Apr 2023

STAINTON v R [2023] NZHC 787

Citation

[2023] NZHC 787
Court

High Court

The starting point of three years and six months was not manifestly excessive; however the appellant's youth/delayed emotional development and low risk of reoffending warranted an additional 10% deduction (in addition to earlier discounts), which reduced the notional sentence sufficiently to make home detention available; the Court allowed the appeal, quashed the sentence of imprisonment and substituted four months home detention, and ordered cancellation of automatic registration and declined discretionary registration.
5 Apr 2023

PERRIN v R [2023] NZCA 94

Citation

[2023] NZCA 94
Court

Court of Appeal

The presumption of imprisonment in s 128B was not displaced: the offender's youth and good character were insufficient to outweigh the principal aggravating features (the victim's young age and severe, enduring harm) and the appellant's continued denial; the 22 month imprisonment sentence was appropriate and not manifestly excessive, so the appeal is dismissed.
12 Dec 2022

FORSYTH v R [2022] NZHC 3361

Citation

[2022] NZHC 3361
Court

High Court

The High Court held the District Court's starting point of three years and six months for the representative indecent act, with a six month uplift for the indecent assault, and the applied discounts (25% guilty plea, six months for age/health) were not manifestly excessive and would not be reduced sufficiently on appeal to permit home detention or avoid mandatory registration; appeal dismissed.
22 Nov 2022

MULLAN v THE KING [2022] NZHC 3053

Citation

[2022] NZHC 3053
Court

High Court

The High Court held the end sentence of 18 months' imprisonment was within the available range and not manifestly excessive; the sentencing judge did not err in declining to convert imprisonment to home detention after properly considering the circumstances, offending seriousness, persistence, previous convictions and the need for deterrence and denunciation; appeal dismissed.
18 Oct 2022

BRADY v R [2022] NZHC 2697

Citation

[2022] NZHC 2697
Court

High Court

Applying the s9 factors and the Supreme Court two-stage test from D, the High Court concluded the appellant posed a medium-low risk to the sexual safety of children; the seriousness, repeated nature, age disparity and grooming context made the offending sufficiently grave and the reporting requirements of registration had utility in addressing relevant dynamic risk factors, so a registration order was proportionate and justified.
30 Aug 2022

R v P W [2022] NZHC 2247

Citation

[2022] NZHC 2247
Court

High Court

The Court held the offending constituted the worst category of intra‑familial repeated sexual violation and adopted a global starting point of 23 years (20 years for sexual offending plus two 18‑month uplifts for administering methamphetamine and making objectionable publications). The Court allowed guilty‑plea discounts of 20% for each defendant, additional personal discounts (P W 5% for background and engagement with treatment; S W 5% for remorse and 5% for personal circumstances) and a further 15% totality reduction for S W, producing final sentences: P W 17 years imprisonment with an MPI…