| NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF THE COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. |
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA290/2018 [2018] NZCA 404 |
| BETWEEN | WILLIAM ARTHUR PARKIN |
| AND | THE QUEEN |
| Hearing: | 4 September 2018 |
Court: | Brown, Duffy and Peters JJ |
Counsel: | A M Harvey for Appellant |
Judgment: | 5 October 2018 at 12.30 pm |
JUDGMENT OF THE COURT
A The appeal against sentence is allowed.
B The sentences of 20 months’ imprisonment are quashed.
CSentences of four months’ home detention for each charge are imposed. The second sentence is to be served concurrently with the first.
D The appellant is also ordered to undertake 400 hours of community work.
REASONS OF THE COURT
(Given by Peters J)
Following a jury trial before Judge Ronayne in the District Court at Auckland, the appellant was convicted of two charges of indecent assault on a girl aged between 12 and 16 years.[1]
[1]Crimes Act 1961, s 134(2)(a), since replaced by s 7 of the Crimes Amendment Act 2005.
In May 2018, the Judge sentenced the appellant to one year and eight months’ imprisonment on each charge, to be served concurrently.[2] The Judge declined to impose a sentence of home detention.
[2]R v Parkin [2018] NZDC 10598 [Sentencing Notes].
Originally the appellant appealed both conviction and sentence. The appeal is now against sentence only, on the grounds that it is manifestly excessive, both in terms of the end sentence and the Judge’s refusal of home detention.
Counsel for the appellant, Mr Harvey, does not dispute the Judge’s starting point of 22 months’ imprisonment. He submitted, however, that the appellant was entitled to a greater discount for good character and the lapse in time, being 37 years, since the offending. The Judge gave a two-month discount for these matters.[3] Mr Harvey submitted the discount should be at least six months. Mr Harvey also submitted to us that an additional “month or two” should be given for the consequences of the appellant’s public “fall from grace”.
[3]At [21].
Mr Harvey also submitted that the Judge erred in declining to impose a sentence of home detention.
Background
The appellant committed the offences between 14 May 1980 and 28 August 1981. He was aged 28 or 29 at the time of the offending, and the complainant 11 or 12.
The complainant, a young relative of the appellant’s then wife, had stayed overnight at the appellant’s house. The first charge arose from the appellant lying behind the complainant on a couch, putting his hand inside her pyjama top and fondling her chest around her nipples. He then caressed her inner thighs and vagina.
In relation to the second charge, the appellant was sitting at the dining table in his house as the complainant passed by to get a glass of water. He exposed his erect penis to her and made her sit on…
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- AGLC
- Parkin v R [2018] NZCA 404
- Case
- [2018] NZCA 404
- Decision Date
CaseChat Overview and Summary
The court considered two main issues. The first was whether the appellant was entitled to a greater discount for good character and the length of time since the offending. The second was whether the sentencing judge erred in not imposing a sentence of home detention. The court found that the appellant's good character and the 37-year period since the offending warranted a greater discount, and that the judge had erred in not considering home detention as a sentencing option.
The court found that the appellant's good character and the length of time since the offending warranted a greater discount than the two months given by the sentencing judge. The court found that a discount of four months was appropriate, reducing the appellant's end sentence to 18 months' imprisonment. The court also found that the sentencing judge had erred in not considering home detention as a sentencing option, as the purposes and principles of sentencing could be met by a sentence of home detention. The court quashed the sentences of imprisonment and imposed sentences of four months' home detention, to be served concurrently with 400 hours of community work.
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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