New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Preventive detention considerations
  • 8 Jul 2016

    R v HENSON [2016] NZHC 1543

    Citation
    [2016] NZHC 1543
    Court
    High Court

    Preventive detention was not imposed because prior similar offending was remote (24 years) and there had been no intervening repeat offending and the Crown acknowledged difficulty; instead a lengthy determinate sentence was imposed to protect the community and denounce the conduct given the high culpability (premeditation, young vulnerable victim, forcible abduction, over two hour detention, and intrusive sexual offending). The court set a provisional starting point of 10.5 years for the abduction charge, uplifted six months for prior similar convictions, applied totality, reduced for an earl…