R v A

Case

[2018] NZHC 2024

9 August 2018


Details
AGLC Case Decision Date
R v A [2018] NZHC 2024 [2018] NZHC 2024 9 August 2018

CaseChat Overview and Summary

The case of R v A involved sentencing of a man who had pleaded guilty to multiple charges of sexual and physical assault against his four daughters. The High Court of New Zealand, Auckland Registry, was tasked with determining an appropriate sentence, including whether to impose a sentence of preventive detention. The court considered the starting point of 20 years and three months' imprisonment, adjusted for personal circumstances, restorative justice, and guilty pleas, resulting in an end finite sentence of 13 years and nine months' imprisonment. The court also determined a minimum period of imprisonment of 50 per cent, or six years, 10 months, and two weeks, before eligibility for parole. After considering the reports of two health assessors, the court decided against imposing a sentence of preventive detention, concluding that a finite sentence would provide adequate protection for society and allow the offender to address his tendencies towards sexual offending against children.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sexual Offences

  • Aggravating Features

  • Sentencing

  • Preventive Detention

  • Risk Assessment

  • Rehabilitative Treatment

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Cases Citing This Decision

14

Broughton v Police [2022] NZHC 3376
R v Hall [2021] NZHC 3033
Solicitor-General v Rawat [2021] NZHC 2129
Cases Cited

11

Statutory Material Cited

0

Hessell v R [2010] NZSC 135
R v K [2015] NZHC 1778
C (CA155/2014) v R [2015] NZCA 33