New Zealand Case Law: Decisions & Judgments

Topic

Indecency with a child

Legal area

Court

28 Nov 2023

DONALDSON v R [2023] NZHC 3393

Citation

[2023] NZHC 3393
Court

High Court

The appeal is dismissed because the High Court, applying the rehearing standard with appropriate caution, found no error in the District Court judge's assessment of credibility and weight of evidence; the judge's findings that the complainant was honest and reliable and that the Crown had proved the elements beyond reasonable doubt were open to and properly reached by the trial judge and did not give rise to a miscarriage of justice.
4 Apr 2023

R v K [2023] NZHC 726

Citation

[2023] NZHC 726
Court

High Court

Preventive detention was imposed for the offences against the two child victims (T and J) because the Court was satisfied the offender was likely to commit another qualifying sexual offence at the expiry of any lengthy finite sentence given his long pattern of serious intra- and extra-familial sexual offending, high assessed risk, failure to engage in treatment and lack of insight; for the 1991/92 adult victim (Ms P) a determinate sentence was imposed reflecting historic sentencing law, with all sentences to be served concurrently and specified minimum periods of imprisonment.
11 Dec 2020

R v T [2020] NZHC 3360

Citation

[2020] NZHC 3360
Court

High Court

Starting point of 19 years' imprisonment (sentence indication) appropriate; applying discounts of 20% for guilty plea and 7.5% for personal circumstances produced a determinate sentence of 13 years 9 months; court found defendant likely to reoffend at sentence expiry but exercised discretion not to impose preventive detention because a lengthy determinate sentence combined with treatment opportunity and the availability of an Extended Supervision Order provides adequate protection; imposed minimum period of two-thirds (9 years 2 months) before parole eligibility.
7 Jul 2017

R v MARTIN [2017] NZHC 1571

Citation

[2017] NZHC 1571
Court

High Court

Offending was multiple, prolonged sexual abuse of three vulnerable relatives and falls at the lower end of rape band four with a starting point of 16 years. A 15% reduction was allowed for genuine remorse and significant participation in restorative justice; a further 15% reduction was allowed for the guilty plea despite the defendant's earlier failure to appear. Those discounts produced a global effective sentence of 11 years and six months' imprisonment. No MPI was imposed because the combined sentence, the offender's demonstrated remorse, restorative engagement and rehabilitative prospects…
4 Apr 2017

R v P [2017] NZHC 627

Citation

[2017] NZHC 627
Court

High Court

Lead offending against G assessed as rape band two (starting point 9 years) and the remainder as band three (13–14 years); applying totality the overall starting point set at 13.5 years; guilty plea discount limited to 10% due to non-cooperation and lack of insight; minimum period set at 60% (reflecting serious harm, high risk and community protection) resulting in parole ineligibility for at least 8 years and 1 month.
1 Mar 2016

MAYO v R [2016] NZCA 34

Citation

[2016] NZCA 34
Court

Court of Appeal

The Court held the starting point adopted by the judge was within the available range given multiple victims, repeated and manipulative offending, breach of trust, victim vulnerability and prolonged duration; a six month discount for the long intervening clean period was appropriate; consequently the end sentence of two years and three months imprisonment was not manifestly excessive and the appeal must be dismissed.

New Zealand Case Law

DONALDSON v R [2023] NZHC 3393

R v K [2023] NZHC 726

R v T [2020] NZHC 3360

R v MARTIN [2017] NZHC 1571

R v P [2017] NZHC 627

MAYO v R [2016] NZCA 34