Liddington v R Ca279/02

The Court of Appeal of New Zealand heard an appeal against a sentence of preventive detention imposed on Donald Raymond Liddington following his conviction for the rape of his female partner's granddaughter. The crime was committed between November 1993 and October 1995 when the victim was between 3 and 5 years old. Liddington was previously convicted of multiple sexual offences against schoolgirls in 1989 and was sentenced to 6 years' imprisonment. He was warned that further similar offending would result in preventive detention. The current appeal argued that the preventive detention sentence was excessive and sought a finite term of imprisonment instead.

The primary legal issues before the court were whether the sentencing judge had overstated Liddington's danger to the public, overemphasised the seriousness of the offence, overemphasised his refusal to undertake group counselling, and failed to consider mitigating factors. The court had to determine whether the preventive detention sentence was justified under the relevant statutory provisions and principles.

The court rejected each of the grounds of appeal. It found that Liddington's history of offending against children, his refusal to acknowledge his condition and seek treatment, and his reoffending soon after his earlier release supported the sentencing judge's assessment that he remained a danger to the public. The court concluded that a finite sentence would not adequately protect the community, given Liddington's refusal to accept responsibility and address his paedophilia. The sentencing judge's decision to impose preventive detention was deemed reasonable and in accordance with relevant authorities and statutory provisions.

The appeal was dismissed, and the sentence of preventive detention was upheld. The court found that unless Liddington was prepared to accept treatment for his paedophilic tendencies, he remained a serious risk to the community that could only be adequately managed through preventive detention.