New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Indecent communication with a young person

  • 29 Sept 2023

    WILLIAMS v NEW ZEALAND POLICE [2023] NZCA 475

    Citation
    [2023] NZCA 475
    Court
    Court of Appeal

    Leave to bring a second appeal was granted because the relevance and weight of CPA 2016 registration as a factor in sentencing is unsettled in this Court, the facts present a suitable vehicle to consider the issue, and the High Court did not expressly address the matter.

    • Child protection (child sex offender government agency registration) act 2016 - registration
    • Indecent communication with a young person
    • Sentencing discounts and uplift for prior convictions
    • Effect of registration on sentencing
    • Leave to bring a second appeal

  • 21 Jul 2023

    WILLIAMS v NEW ZEALAND POLICE [2023] NZHC 1935

    Citation
    [2023] NZHC 1935
    Court
    High Court

    The uplift for previous convictions was justified because the prior offending and breach of parole indicated a predilection to offend in a similar way and a need for deterrence and protection; the sentencing Judge's starting point and uplift were proportionate; home detention was inappropriate given prior breaches, risk assessment by Corrections, and unsuitability of proposed addresses; therefore the eight-month imprisonment sentence was within the available range and not manifestly excessive and the appeal is dismissed.

    • Indecent communication with a young person
    • Uplift for previous convictions
    • Home detention leave
    • Child sex offender registration
    • Deterrence and denunciation

  • 10 Jul 2023

    HENG v R [2023] NZHC 1789

    Citation
    [2023] NZHC 1789
    Court
    High Court

    The Court held the five year starting point for attempted penile penetration of the mouth was within the available sentencing range given the complainant's age and vulnerability, breach of trust, proximity to completion and aggravating features; the appeal against that sentence and the indecent communication sentence was dismissed, but the concurrent sentence for the indecent act was excessive and substituted with 20 months' imprisonment.

    • Attempted sexual violation
    • Indecent act on a child
    • Indecent communication with a young person
    • Sentencing principles
    • Appeal time extension

  • 7 Sept 2021

    DEAN v THE CROWN [2021] NZHC 2334

    Citation
    [2021] NZHC 2334
    Court
    High Court

    The High Court held the 18 month starting point was within range and the resultant 11 month sentence was not manifestly excessive; the Judge erred by not fully considering community protection and rehabilitation when refusing to commute to home detention; on reassessment the appropriate sentence is three months home detention (after credit for time in custody) with post-detention conditions and registration on the Child Sex Offender Register because the appellant poses a real and genuine risk to children

    • Indecent communication with a young person
    • Indecent act on a young person
    • Home detention
    • Child sex offender register
    • Grooming
    • Sentencing starting point

  • 18 Oct 2017

    KIRBY-PARKER v THE QUEEN [2017] NZHC 2548

    Citation
    [2017] NZHC 2548
    Court
    High Court

    The High Court held the two year starting point for the blackmail charge was within the available range but the District Court double counted prior convictions and offending while on home detention when applying uplifts, producing a manifestly excessive sentence; home detention was inappropriate given reoffending while on home detention; the sentence of two years was quashed and substituted with 19 months' imprisonment and specific special conditions were ordered under s93(2).

    • Blackmail
    • Indecent communication with a young person
    • Home detention
    • Sentencing starting point and uplifts
    • Guilty plea discount
    • Special release conditions