12 Feb 2018
STROOBANT v R [2018] NZCA 10
- Citation
- [2018] NZCA 10
- Court
- Court of Appeal
The Court dismissed the appeal and upheld preventive detention because the s 87(2) prerequisites were satisfied and, after weighing the mandatory s 87(4) factors, the sentencing Judge correctly concluded the appellant posed a high risk of future sexual and violent offending (supported by psychiatric evidence), had failed to engage with rehabilitation, and community protection and incentivising treatment justified preventive detention despite youth and concurrent life sentence; totality and concurrent sentencing did not preclude imposing preventive detention.
- Preventive detention
- S 87 sentencing act 2002
- Totality principle
- Youth and rehabilitation
- Risk assessment