Matthews v Police - [2025] NZHC 896

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2025-485-2

[2025] NZHC 896

BETWEEN
NOAH PETER MATTHEWS

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 19 March 2025

Appearances:

C Stanley and O Saunders for Appellant J G Avia and F J Beaton for Respondent

Judgment:

11 April 2025

JUDGMENT OF BOLDT J

Introduction

[1] On 6 December 2024, Judge Walker sentenced the appellant,1 Noah Matthews, to three years’ imprisonment on charges of sexual violation by rape and sexual violation by unlawful sexual connection.2 The offending occurred in October 2022, when Mr Matthews was 16 and a half years old. He now appeals against his sentence.

Background

[2] Mr Matthews and the victim knew each other from high school. She was 17. On 17 October 2022, she and Mr Matthews arranged to meet at his home in

1 Police v Matthews [2024] NZDC 29917 [Decision under appeal].
2 Crimes Act 1961, ss 128(1)(a) and (b) and 128B. Both charges carry a maximum penalty of 20 years’ imprisonment.

MATTHEWS v NEW ZEALAND POLICE [2025] NZHC 896 [11 April 2025]

Paraparaumu. He led her to his bedroom and provided her with a can of bourbon and coke, which she drank. She lay back on the bed and Mr Matthews lay next to her.

[3] Mr Matthews put his hand on her thigh; she immediately indicated she did not want him to do so. He put his hands inside her track pants and attempted to touch her vagina. She kicked out, but he penetrated her vagina with his fingers.

[4] The victim did what she could to push Mr Matthews away, and tried to use her knees to stop him touching her. When he grabbed her breast, she kicked him and rolled off the bed. Mr Matthews pinned her to the floor and kissed her; she bit his lip.

[5] The victim asked to go to the toilet. Mr Matthews waited outside his bedroom door, and when she emerged he told her to go back into his bedroom. She was frightened and did so. The victim asked to leave, but Mr Matthews told her she had to stay. He got on top of her and tried to remove her clothing. When she resisted, he strangled her, and she felt as though she was suffocating. When he loosened his grip she told him she could not breathe. Nonetheless, he strangled her again. He removed her pants. She again asked to leave, but he told her she could not. Then he raped her.

[6] The victim disclosed the offending to her mother a few days later, and in January 2023 Mr Matthews was charged.

Procedural History

[7] The charges were laid in the Youth Court, and Mr Matthews formally admitted them in July 2023. He was referred to Vibe Youth Services, and had an initial session with WellStop, a well-regarded community organisation which aims to eliminate harmful sexual behaviour. Mr Matthews attended a family group conference in…

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 Matthews v Police

Details

AGLC: Matthews v Police [2025] NZHC 896
Case: [2025] NZHC 896
Decision Date: 11 April 2025

CaseChat Overview and Summary

Noah Matthews appeals against his three-year imprisonment sentence imposed for charges of sexual violation by rape and sexual violation by unlawful sexual connection. Matthews, who was 16 at the time of the offence, had a history of non-engagement with rehabilitative programs and repeated breaches of bail conditions, indicating a lack of remorse and unwillingness to change his behaviour. The offending occurred in October 2022 and involved severe violence and a profound impact on the victim, who has since suffered from complex post-traumatic stress disorder and bulimia. Matthews’ psychological profile, which includes ADHD, oppositional defiant disorder, and anti-social personality disorder, further complicates his potential for rehabilitation. The legal issues in this appeal revolve around whether the sentence imposed by Judge Walker was manifestly excessive, if there was a material error of principle, or if there are exceptional circumstances warranting a different sentence.

The High Court, in considering the appeal, focused on whether there was an error in the sentence that warranted a different outcome. Matthews' counsel argued that Judge Walker should have considered a sentence of home detention, including placement at the Grace Foundation, which was proposed on the eve of sentencing. However, the High Court found that the starting point of six years was appropriate given the severity of the offences, including the strangulation and the impact on the victim and her family. The court also noted that Matthews received significant discounts for his guilty plea and youth, and further discounts for his limited engagement with rehabilitative programs. The High Court concluded that the sentence of three years’ imprisonment was justified, given Matthews’ repeated refusal to engage with rehabilitative opportunities, his high risk of re-offending, and the need to prioritise community safety. The appeal was dismissed, affirming the District Court’s sentencing decision.

Orders