R v D

D pleaded guilty to four counts of sexual violation by rape, one of which was representative. The Crown sought a sentence of preventive detention. The court had to decide whether a finite sentence or preventive detention was appropriate. The court found that the aggravating factors in the offending warranted a starting point at upper band three or lower band four from the Court of Appeal guideline judgment, R v AM. This was a starting point of between 15 and 16 years' imprisonment. The court considered the factors personal to D, including his previous convictions for assault with intent to rape, and decided on a starting point of 15 years. The court deducted 25% for D's guilty plea and a further three months for his remorse, resulting in an end sentence of 11 years and three months' imprisonment. The court then turned to the question of preventive detention. The court found that D's offending history showed a pattern of serious offending, and that his offending had caused serious psychological harm to the community. The court considered the risk of D committing serious offences in the future and found that he was at high risk of reoffending, most likely to take the form of rape of known females who may be related to him. The court also considered the issue of interventions and found that D was motivated to participate in intensive group treatment and that a combination of treatment and interventions would substantially reduce his reoffending risk. The court concluded that a lengthy determinate sentence was preferable to a sentence of preventive detention, if the determinate sentence provided adequate protection for society. The court imposed a finite sentence of 11 years' imprisonment with a minimum term of imprisonment of six years. The court also imposed a non-publication order in relation to the sexual abuse on D to protect the identity of his daughter.