New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Preventive detention assessment

Legal area

Court

1 Nov 2019

R v HEKE-GRAY [2019] NZHC 2841

Citation

[2019] NZHC 2841
Court

High Court

Preventive detention imposed because the defendant's conviction history and the present offending disclose a pattern of serious sexual and violent offending causing serious harm, expert assessments (confirmed after disputed fact hearing) indicated moderate-to-high risk of reoffending, defendant's ongoing denial and poor engagement with rehabilitation reduced prospects of safe community reintegration, and a lengthy determinate sentence was not preferable; minimum period of imprisonment set equal to the finite MPI calculated (7 years 6 months).
18 Nov 2016

R v PAGE [2016] NZHC 2762

Citation

[2016] NZHC 2762
Court

High Court

Given repeated invasive sexual offending involving grooming, significant age disparity, breach of trust and substantial harm, the appropriate starting point was five years; uplift of three months for prior indecent assaults; 15% discount for guilty plea results in a finite sentence of four years six months imprisonment with a minimum period of one year nine months. Preventive detention preconditions met but was declined because a lengthy determinate sentence combined with availability of specialist custodial treatment and the prospect of extended supervision provided adequate protection.