5 May 2021
R v BATCHELOR [2021] NZCA 160
- Citation
- [2021] NZCA 160
- Court
- Court of Appeal
Although the High Court blurred the distinction between s 87(2) pre‑conditions and s 87(4) considerations, that error was immaterial because the Judge in fact concluded there was jurisdiction and properly exercised discretion: he accepted a real risk of further qualifying sexual offending but reasonably preferred a lengthy determinate sentence with treatment and the prospect of an ESO (which can include intensive monitoring and special conditions) over preventive detention given the respondent's offending profile, prospects of responding to treatment, compliance history and the manageability…