New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Concurrency vs cumulation
  • 11 Feb 2021

    R v DOWNING [2021] NZHC 159

    Citation
    [2021] NZHC 159
    Court
    High Court

    The Court held AM rape bands applied because there was penile penetration of the complainant's mouth; fixing a starting point of six years for the offending against D (rape band one at the low end) and three years for the offending against B (less serious than Johnson/Jackson), ordered sentences concurrent within each victim group but cumulative between groups, applied totality to reduce the cumulative nine year starting point to seven years, then deducted six months for prior good character to reach an end sentence of six years six months' imprisonment; defendant denied responsibility so no…