R v Bentley

[2020] NZHC 1284

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CRI-2019-085-1135

[2020] NZHC 1284

THE QUEEN

v

CLEMENT BENTLEY

Hearing:

10 June 2020

Counsel:

T G Bain for Crown

P J Ross for Mr Bentley

Sentencing:

10 June 2020

SENTENCE OF SIMON FRANCE J

[1]    Mr Bentley, you appear for sentence on a single charge of kidnapping. You pleaded guilty following a sentence indication of a maximum of two years’ imprisonment. The Court noted it was open to home detention, and the Crown indicated it was supportive of a rehabilitative approach to the extent circumstances allow.

Offending

[2]    Most of the conduct in this incident occurred prior to your involvement. The victim was abducted, and physically abused in a disgraceful way. Her finger was cut off. She was then stripped and taken back to your address where she was kept chained in a garage.

R v BENTLEY [2020] NZHC 1284 [10 June 2020]

[3]    You had no knowledge or involvement until that point. However, the following morning you were asked to drive the victim to a different address, and did so. At the address the victim was made to crouch on the floor between furniture and wrap her fingers in rags. You, with others, sat in the room smoking methamphetamine. Eventually you left but the victim’s ordeal lasted another five nights.

[4]    Since the sentence indication you have been on bail, and there have been no issues. I have received a pre-sentence report and a cultural report under s 27 of the Sentencing Act.

[5]    You are 22 years of age, of Samoan descent. You have two children aged five and two, and you have care of them on weekends. You have a supportive family. Your parents came to New Zealand in 2001 and remain active in the Samoan community. Your father has indicated he will continue to assist you.

[6]    Mr Bentley, you have a good work history in that you have had several jobs and when circumstances have brought that to an end, you have successfully made efforts to gain new employment. Your job situation was affected by the Covid-19 situation, but, again, you have managed to obtain new employment. It is a very positive aspect to you that bodes well.

[7]    It appears you have drug and alcohol issues, and a requirement to obtain assistance in that regard will be a condition of today’s sentence.

[8]    You have assisted the police with their inquiries and remain willing to do so. I consider this is consistent with the fact that this event was thrust upon you. The choices you then made were wrong but I recognise there were pressures at play that can make doing the right thing more difficult. I accept you are remorseful.

[9]    You are entitled to credit for your efforts at making amends, and encouragement to carry on. In all this, however, sight might not be lost of the underlying offending. I haven’t said much about that because there is a trial still to happen. But you would have been aware of her condition and you should be ashamed of yourself.

[10]   I intend to impose a sentence of seven months’ home detention which reflects all matters raised on your behalf. I make it clear, however, this includes considerable recognition for your offer to provide ongoing assistance.

[11]   There will be one special condition, which is the alcohol and drug condition set out in the pre-sentence report. The detention address is that set out in the report, and following sentencing you are to go there and wait for the authorities to arrive to set it up.

Simon France J

Solicitors:

Crown Solicitor’s Office, Wellington for Crown