IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY
CRI-2014-406-9 [2014] NZHC 2425
BETWEEN VAUGHAN PETER JACKSON
Appellant
AND
CROWN LAW OFFICE Respondent
Hearing: 2 October 2014 Counsel:
R Harrison for Appellant
S O'Donoghue for RespondentJudgment:
3 October 2014
JUDGMENT OF GODDARD J
This judgment was delivered by me on 3 October 2014 at 1.30 pm, pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Inangahua Chambers, Blenheim for Appellant
Crown Solicitor’s Office, Nelson for Respondent
JACKSON v CROWN LAW OFFICE [2014] NZHC 2425 [3 October 2014]
Introduction
[1] The appellant pleaded guilty to one representative charge of sexual connection with a young person under 161 and was sentenced by Judge Walker in the District Court to two years and seven months’ imprisonment. He appeals against sentence on the basis that the starting point was too high and insufficient credit was given for mitigating factors.
Facts
[2] The appellant was forty three years old at the time of the offending. He met the complainant at ANZAC commemorations when he gave her and some others a ride in his jeep. She was 13. She began contacting him by text. The appellant replied and, over time, these texts became increasingly intimate. The pair exchanged intimate photographs of themselves. The appellant then travelled from Blenheim to Nelson and took part in sexual activity with the complainant (who had turned 14) at least five times between 27 July 2013 and 13 October 2013. The sexual activity included vaginal, oral and anal sex on the victim and the victim performing oral sex on the appellant.
[3] The offending became known to the complainant’s friend and subsequently known to her school. The complainant told the appellant she had been interviewed by staff at her school and that the Police would be involved. He advised her to tell the truth.
[4] The impact on the complainant has been significant. She feels responsible for the offending and for the consequences on the appellant. She is self-harming and has reduced her educational involvement. There has, understandably, been a considerable effect on her family.
Starting point
[5] There is no guideline judgment for this type of offending. In R v Johnson the
Court of Appeal stated that s 134(1) is considered part of a prophylactic regime
designed to protect vulnerable young people from being sexually exploited by adult offenders:2
… young girls who consent to sexual activity with considerably older men frequently become disturbed when they reach an age where they have full understanding of what they have been involved in… The importance of deterring adults from having sex with children and young persons was emphasised when … the maximum sentence of seven years’ imprisonment was increased to ten years…
[6] The Court of Appeal in Johnson further commented that a four year starting point is appropriate where the aggravating features are: abuse of trust; a significant age gap between the offender and the victim; full penetrative sex on a number of occasions; and significant adverse…
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CaseChat Overview and Summary
The primary legal issues before the court were whether the starting point of four years’ imprisonment was appropriate given the absence of specific aggravating features and whether the discount for mitigating factors was sufficient. The court examined whether the absence of a breach of trust and the absence of abusive or demeaning behaviour justified a lower starting point, as suggested by Jackson’s counsel. Additionally, the court assessed the discount given for mitigating factors, including remorse, the guilty plea, cooperation with authorities, efforts at rehabilitation, and previous good character.
The court concluded that the starting point of four years’ imprisonment was within the appropriate range for this type of offending. While there was no specific breach of trust identified, the court found that the appellant, as a considerably older adult, was in a position to control the relationship from the outset and deliberately engaged in targeting the 14-year-old complainant. The court found that the Judge appropriately considered the aggravating factors, such as the significant age gap, the nature of the sexual activity, and the impact on the complainant, and thus the starting point was appropriate. The court also found that the discount for mitigating factors, which amounted to 35.41 per cent, was generous, particularly given the appellant's initial attempt to minimise the number of occasions during which sexual activity occurred. Consequently, the appeal was dismissed.
The final orders of the court were that the appeal was dismissed, and the original sentence of two years and seven months’ imprisonment was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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