PUBLIC VERSION
NOTE: PUBLICATION OF NAME(S) OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 139 CRIMINAL JUSTICE ACT
1985. EXISTING SUPPRESSION ORDER RE LOCATION OF PREVIOUS OFFENDING REMAINS IN PLACE.
IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY
CRI 2011-067-000280 [2012] NZHC 636
THE QUEEN
v
MAURICE WILLIAM CUDBY
Hearing: 2 April 2012
Counsel: L C Rowe for the Crown
C P Brosnahan for the Accused
Sentence: 2 April 2012
SENTENCING REMARKS OF MALLON J
Introduction
[1] You appear for sentence having pleaded guilty to the following charges:
(a) A representative count of indecently assaulting a boy under 12 years;1
1 Section 140(1)(a), Crimes Act 1961(maximum penalty: 10 years imprisonment).
R v CUDBY HC WANG CRI 2011-067-000280 [2 April 2012]
(b)A representative count of inducing a boy under 12 to do an indecent act;2
(c) Two representative counts of sexual violation by unlawful sexual connection (involving the mouth and genitalia);3
(d) A representative charge of sexual violation by unlawful connection
(involving penetration of the anus by the penis);4
(e) A representative charge of indecently assaulting a boy between 12 and
16 years;5
[2] You are here for sentencing in this Court because the Crown is seeking a sentence of preventive detention.
Circumstances of offending
[3] The charges relate to offending on one complainant over the period December 1998 and December 2007. The offending commenced when the complainant, a boy, was 6 or 7 years old and ended when he was about 15 years old.
During this period you were 58 to 68 years old.
[4] You [ suppressed.] The offending began when you encouraged the boy to touch your erect penis when you were in the shower. This occurred on a number of occasions over the period of about a month. Following on from that you began to play with the boy’s penis. This included masturbating him and sucking his penis.
[5] You also encouraged the boy into your bed. You would masturbate him and have him masturbate you. You would also perform oral sex on him and have him do
2 Section 140(1)(c), Crimes Act 1961 (maximum penalty: 10 years imprisonment).
3 Section 128(1)(b), Crimes Act 1961 (maximum penalty: 20 years imprisonment).
4 Section 128(1)(b), Crimes Act 1961 (maximum penalty: 20 years imprisonment).
5 Section 140A(1)(a), Crimes Act 1961 (maximum penalty: 7 years imprisonment).
the same to you. This would happen about three or four mornings a week until about
May 2002. [suppressed]
[6] [Suppressed] During [suppressed], the offending resumed. Again it would involve masturbating the boy and performing oral sex on him and having him reciprocate on you. The offending would occur in the [suppressed.]
[7] When the boy was 12 your sexual offending progressed to anal intercourse. Mostly this involved you performing anal intercourse on the boy. This occurred on a number of occasions (the boy recalls it as being about fifteen times whereas you say it was not as often as that – the exact number of times this occurred is not, however, material for…
Continue reading R v Cudby
Sign in free to access the full text
- AGLC
- R v Cudby [2012] NZHC 636
- Case
- [2012] NZHC 636
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.