Hone v The King - [2025] NZHC 1567

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2025-404-124

[2025] NZHC 1567

BETWEEN
MATHEW TRENT HONE

Appellant

AND

THE KING

Respondent

Hearing: 10 June 2025

Appearances:

S Shanahan for the Appellant C Purdon for the Respondent

Judgment:

13 June 2025

JUDGMENT OF HARVEY J

This judgment is delivered by me on 13 June 2025 at 3pm.

…………………………………………….
Deputy Registrar

Solicitors:
Meredith Connell, Auckland

Counsel:
Annabel Maxwell-Scott, Barrister, Sentinel Chambers, Auckland (S Shanahan)

HONE v R [2025] NZHC 1567 [13 June 2025]

Introduction

[1] Mathew Hone pleaded guilty to five charges of indecent act on a child1 and two charges of indecent communication with a young person under 16.2 On 14 February 2025, he was sentenced to four years’ imprisonment by Judge K Maxwell in the Auckland District Court.3 Mr Hone now appeals this sentence on the grounds that the starting point was too high and that insufficient reductions were provided for his guilty plea, psychological factors and rehabilitative efforts and prospects. The Crown opposes the appeal.

The offending

[2] At the time, Mr Hone was 31 to 33 years old, and the victim was seven to eight years old. Mr Hone’s partner and the victim’s mother were friends, and the complainant attended school with Mr Hone’s stepson. Between 1 January 2021 and 28 October 2022, the victim frequently saw Mr Hone at school when he collected his stepson. Mr Hone regularly approached her, picked her up for a hug, and on multiple occasions put his hands under her bottom and rubbed her vagina through her clothes.

[3] The other offending occurred during two sleepovers at Mr Hone’s house between 22 to 30 October 2022 when the victim was eight years old. At the first sleepover, Mr Hone called the victim to his computer and showed her sexually explicit content, including sexual activity between adults. On one occasion, Mr Hone pulled up the victim’s clothing to expose her breasts, and on another occasion he told her to sit on his lap. As she sat there with her legs either side of Mr Hone’s legs, he touched her vagina over the top of her clothing.

[4] During the second sleepover, Mr Hone called the victim to his computer and again showed her sexually explicit videos, rubbing his penis as he did so. Mr Hone then placed the victim’s hands on his exposed penis and showed her how to move her hands up and down. She tried to remove her hands, but he continued to use her hand

1      Crimes Act 1961, s 132(3). Maximum penalty: 10 years’ imprisonment.
2      Crimes Act 1961, s 124A. Maximum penalty: three years’ imprisonment.
3      R v Hone [2025] NZDC 2750 [Decision under appeal].

to masturbate himself until he ejaculated onto her hand. At the second sleepover, Mr Hone also sat next to the victim while she watched television. He then removed her underpants and used an electric toothbrush to touch her vaginal area.

District Court…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hone v The King

Details

AGLC: Hone v The King [2025] NZHC 1567
Case: [2025] NZHC 1567
Decision Date: 13 June 2025

CaseChat Overview and Summary

Mathew Hone appeals his four-year sentence for indecent acts on a child and indecent communication with a young person, arguing that the starting point was too high and that insufficient reductions were provided for his guilty plea, psychological factors and rehabilitative efforts and prospects. The Crown opposes the appeal. The key issue was whether the starting point was too high and whether the reductions provided were adequate. Hone’s counsel submitted that his offending was less serious than that in J v R, and that a lower starting point should have been adopted. The Crown argued that Hone’s offending was more serious than in J v R, and that the starting point was within the appropriate range. The court found that Hone’s offending was more serious than in Taylor v R and that the starting point of five years’ imprisonment was appropriate. Regarding the reduction for Hone’s guilty plea, the court found that the Judge appropriately balanced the lateness of the pleas against the circumstances of the delays and resolution discussions. The court found that the Judge was not wrong in declining to grant additional reductions for Hone’s psychological factors, as his mental health issues and substance abuse did not necessarily mitigate the seriousness of his offending. Finally, the court found that no reduction was justified for Hone’s rehabilitative efforts and prospects, as he had not demonstrated an active approach to his own rehabilitation and had a limited insight into his own role in the offending. The appeal is dismissed.

Orders