New Zealand Case Law: Decisions & Judgments

Topic

Treatment and rehabilitation

Legal area

Court

14 Dec 2021

R v THOMPSON (Sentencing Notes) [2021] NZHC 3452

Citation

[2021] NZHC 3452
Court

High Court

The Court fixed a cumulative finite sentence for the current offences amounting to one year and one month imprisonment on each charge (served concurrently with each other and cumulatively on the existing sentence), resulting in an overall determinate sentence of eight years and three months; having considered two health assessor reports that placed the offender at high risk of sexual recidivism but noting the earlier decision by Gordon J that preventive detention was unnecessary provided the offender undertakes appropriate programmes, the Court concluded preventive detention is not necessary…
14 Sept 2021

TAAKIMOEAKA v CORRECTIONS [2021] NZCA 467

Citation

[2021] NZCA 467
Court

Court of Appeal

The Judge correctly applied Kiddell and the statutory test; the health assessor's evidence justified findings that the two serious sexual offences displayed a unifying, characteristic pattern and that the s 107IAA(1) factors (intense drive/proclivity, limited self-regulation, and limited acceptance/remorse/understanding) were met, so an ESO of five years was necessary and proportionate to protect the community and support risk reduction.
19 May 2021

P (CA380/2020) v R [2021] NZCA 198

Citation

[2021] NZCA 198
Court

Court of Appeal

The Court dismissed the appeal and affirmed preventive detention because the Judge correctly applied s87(2) and s87(4): prior possession and distribution of objectionable material were properly regarded as showing an ingrained, escalating pattern relevant to future risk; the appellant had not meaningfully addressed causes of offending or engaged in treatment despite opportunities; ESO and a finite sentence would not adequately protect the community given the high risk and minimisation of offending; preventive detention therefore was the appropriate, discretionary sentence.
20 May 2019

GLEN ALAN KIDDELL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZCA 171

Citation

[2019] NZCA 171
Court

Court of Appeal

The Court held the statutory criteria for an ESO were satisfied: the appellant has a pervasive pattern of serious sexual offending and presents a high risk of future relevant sexual offending based on convictions, non‑conviction material and expert assessments; however the ten‑year term was excessive given limited prior treatment, potential for treatment gains and age, so the minimum necessary term for community safety is five years, reducing the ESO accordingly.
18 Apr 2018

THE CHIEF EXECUTIVE v MICHAEL PATRICK DENNIS [2018] NZHC 712

Citation

[2018] NZHC 712
Court

High Court

The Court accepted the health assessor's conclusions and Mander J's provisional findings, was satisfied the s107IAA criteria were met (pervasive pattern and high risk of future relevant sexual offending), and therefore imposed the maximum permissible 10‑year ESO as the minimum necessary for community safety while continuing interim special conditions including electronic monitoring until the Parole Board determines long‑term conditions.

New Zealand Case Law

R v THOMPSON (Sentencing Notes) [2021] NZHC 3452

TAAKIMOEAKA v CORRECTIONS [2021] NZCA 467

P (CA380/2020) v R [2021] NZCA 198

GLEN ALAN KIDDELL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZCA 171

THE CHIEF EXECUTIVE v MICHAEL PATRICK DENNIS [2018] NZHC 712