New Zealand Case Law: Decisions & Judgments

Topic

Preventive detention (s87)

Legal area

Court

12 Feb 2021

R v DIXON [2021] NZHC 271

Citation

[2021] NZHC 271
Court

High Court

Preventive detention imposed because the defendant's long history of serious sexual violence including rape, repetitive predatory sexual offending against children and adults, breaches of supervision, and unanimous high-risk assessments by forensic health experts demonstrated that a finite sentence would not adequately protect the community or allow sufficient time for effective rehabilitation; minimum period set at statutory floor of five years.
19 Mar 2019

R v KALEPO [2019] NZHC 486

Citation

[2019] NZHC 486
Court

High Court

Selected an end starting point of nine years for combined offending, applied mitigation totaling three years (one year four months for remorse/rehabilitation/lapse of time and one year eight months for guilty pleas) to reach an effective sentence of six years for rape, imposed two years concurrently for injuring with intent to injure, and declined to impose a minimum term or preventive detention based on rehabilitative progress, lengthy offence-free period and health assessors' low-to-moderate risk assessments.
9 Mar 2018

R v JOSHUA MASON KITE [2018] NZHC 409

Citation

[2018] NZHC 409
Court

High Court

Court treated Auckland drug offending and Whangarei violent offending as different in kind and sentenced cumulatively. Applied R v Fatu banding for methamphetamine: starting point 5 years reduced to 4 years after 20% guilty plea discount. Adopted an 8-year starting point for using a firearm against a constable, uplifted for related offending to an effective determinate sentence of 7 years 6 months on the firearm charge, allowed personal uplifts and mitigations (including 14 months credit for time on recall and 20% guilty plea discount overall), rejected preventive detention as unnecessary, an…

New Zealand Case Law

R v DIXON [2021] NZHC 271

R v KALEPO [2019] NZHC 486

R v JOSHUA MASON KITE [2018] NZHC 409