R v Bailey

Frederick Bailey was sentenced in the High Court of New Zealand for multiple sexual offences against two young men. Bailey pleaded guilty to charges of sexual exploitation of a person with a significant impairment, indecent assault, and doing an indecent act with intent to offend. The court had to decide whether Bailey should be sentenced to a lengthy finite sentence or to a sentence of preventive detention. The latter is imposed to protect the community from those who pose a significant and ongoing risk to the safety of its members in the future.

The court found that Bailey's previous history of sexual offending, the seriousness of the harm caused by the offending, and his tendency to commit serious offences in the future justified a sentence of preventive detention. The court considered reports from health professionals, which indicated that Bailey was at a very high risk of re-offending sexually. The court also noted that Bailey had been subject to an extended supervision order at the time of the offending and had breached it multiple times. The court concluded that a lengthy determinate sentence was not adequate to protect society and that Bailey was at such a high risk of serious re-offending that a sentence of preventive detention was necessary.

Bailey was sentenced to preventive detention with a minimum term of eight years' imprisonment. The court considered the gravity of the offences and the risk Bailey posed to the community in determining the minimum term. Bailey's sentences are to be served concurrently with each other.