New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sexual connection with person under 16

  • 8 May 2023

    GOLDSBURY v R [2023] NZHC 1069

    Citation
    [2023] NZHC 1069
    Court
    High Court

    The Court held the appropriate starting point was 4.5 years imprisonment (reduced from the Judge's 5 years), applied the same discounts for early guilty plea (25%), good character (15%), mental health (5%) and one month for late reparation, resulting in an adjusted sentence of two years five months imprisonment; permanent name suppression for the appellant's wife and company was refused because publication would not cause undue hardship beyond normal adverse consequences and the offending occurred outside childcare operations so would not reasonably lead readers to conclude systemic childcare…

    • Sexual connection with person under 16
    • Breach of trust
    • Grooming
    • Sentencing starting point and discounts
    • Reparation
    • Mental health mitigation

  • 20 Apr 2023

    BURROWS v R [2023] NZCA 115

    Citation
    [2023] NZCA 115
    Court
    Court of Appeal

    Appeal allowed in part: Court adjusted personal factor discount upward (from 5% to 10%), reduced overall sentence for sexual offending to five years six months for lead sexual connection charge and made other sexual connection sentences concurrent (four years each for Victims F and G), quashed and substituted the High Court allocations, held MPI cannot be imposed on the cumulative end sentence and must be imposed on the particular determinate sentence over two years (here the sexual connection charge against Victim A) and imposed an MPI of two-thirds (three years seven months) on that charge;…

    • Sexual connection with person under 16
    • Indecent assault
    • Perverting the course of justice
    • Totality principle
    • Minimum period of imprisonment (mpi)
    • Victim anonymity order (s 202 criminal procedure act 2011)

  • 7 Jul 2022

    NICHOLAS BRIAN WYATT v R [2022] NZCA 298

    Citation
    [2022] NZCA 298
    Court
    Court of Appeal

    Although the appellant met the eligibility threshold for preventive detention due to a high risk of reoffending, the Court concluded preventive detention was not necessary given the absence of a pattern of serious sexual offending, the relatively lower seriousness of the index offences, and the presence of protective factors; therefore the High Court's preventive detention was manifestly excessive and was substituted with a determinate sentence of four years, four months' imprisonment.

    • Preventive detention eligibility and discretion
    • Sentencing substitution
    • Sexual grooming
    • Sexual connection with person under 16
    • Risk assessment and rehabilitation
    • Extended supervision order

  • 27 Apr 2021

    WIHONGI v R [2021] NZCA 138

    Citation
    [2021] NZCA 138
    Court
    Court of Appeal

    The Court held the Judge's starting points (8 years for the rape; 6 years for the other sexual offences) and the resulting combined starting point of 14 years were within the available range given the gravity, vulnerability of victims and number of offences; the discounts applied were not unreasonable (noting a missed 5% bail discount but overall mitigation around 20% was appropriate) and the end sentence of 11 years 3 months was not manifestly excessive, so the appeal was dismissed.

    • Rape
    • Sexual connection with person under 16
    • Indecent assault
    • Totality principle
    • Guilty plea discount
    • Bail conditions