R v Buchanan - [2016] NZHC 294

ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE COMPLAINANTS

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2014-070-2821 [2016] NZHC 294

THE QUEEN

v

RAYMOND BRUCE BUCHANAN

Hearing: 26 February 2016

Appearances:

HA Wrigley for the Crown
AC Balme for the Defendant

Sentence:

26 February 2016

SENTENCING NOTES OF TOOGOOD J

R v Buchanan [2016] NZHC 294 [26 February 2016]

[1] Raymond Bruce Buchanan: you appear for sentencing after having been found guilty by a jury of 22 sexual offences and two violence offences on
15 September last year. Your sentencing has been delayed far longer than would normally be acceptable because of the need to obtain information about your financial position, which is relevant to the important question of reparation. I’ll come to that in a moment; first, I need to say something about your offending.

[2] Because of the sentences I intend to impose, I need to describe your crimes at greater length than would usually be necessary. It is difficult to imagine more serious offending of this kind.

Factual background

[3] In 1980, in the Wairarapa, you began living with a woman who had three children from an earlier relationship: the elder and younger male victims, and a daughter. Another female child was born during your relationship. You married the victims’ mother in 1982.

Offending against the elder victim, J

[4] Between 1981 and 1985, you sexually abused the elder victim, J, on a regular basis; he was aged between seven and 12 years old during this period. The offending occurred in J’s bedroom and elsewhere in the house when you and he were home alone; at your workplace; while camping with the family; and while staying at a hut.

[5] Your offending on J began with your getting into bed with him late at night, usually after you came home drunk from the pub. You would touch his penis. You would also expose your penis and place it between J’s legs, his buttocks and touch it around his anus. You would require him to touch your genitalia and masturbate you. You would ejaculate onto J, or in the bed or in your own hand.

[6] When J and you were alone in the house you would suggest he should be undressed; you would frequently touch him around his genitals, even when others were home, but in secret. He said you would tell him how much you loved him and would treat him like he was your girlfriend. Your offending developed into forcing

him to take your penis into his mouth on many occasions, on a regular basis, once or twice a week. You also sodomised J on numerous occasions. He referred to sodomy on three occasions which he could clearly recall, but it is plain from his evidence that you offended in that way more frequently than that, if not on every one out of three encounters, as he said at one point.

[7] On one occasion, which J recalled vividly, you took…

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 R v Buchanan

Details

AGLC: R v Buchanan [2016] NZHC 294
Case: [2016] NZHC 294
Decision Date: 26 February 2016

CaseChat Overview and Summary

Raymond Bruce Buchanan was sentenced by the High Court of New Zealand in Tauranga following his conviction for 22 sexual offences and two violence offences committed against two male victims over an extended period. The court considered the severity and brutality of the offending, which involved significant abuse of trust, regular and repeated violence, and inflicted severe physical and emotional harm on the victims. The court adopted a starting point of 14 years’ imprisonment, taking into account the seriousness of the offences and the sentencing levels at the time. The sentence was reduced by 18 months to account for the reparation orders imposed on Buchanan. Buchanan was sentenced to 12 years and six months’ imprisonment on each of the charges of sodomy and sexual violation by unlawful sexual connection, three years’ imprisonment on each of the charges of indecent assault on a boy, two years’ imprisonment on the charge of injuring with intent to injure, and one year imprisonment on the charge of aggravated assault. All sentences were to be served concurrently. Buchanan was also ordered to pay reparation of $75,000 to each of his victims, J and P, to be paid in full by 26 May 2016, with the Crown having leave to apply for re-sentencing if payment was not made as directed.

Orders