IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI 2019-092-8422
[2020] NZHC 1694
THE QUEEN v
NEVILLE ANDREW EDGERTON
Hearing: 14 July 2020 Counsel:
M S Williams for the Crown M Allen for the Defendant
Judgment:
14 July 2020
SENTENCE OF DUFFY J
Solicitors:
Crown Solicitor, Auckland
Public Defence Service, Manukau
R v EDGERTON [2020] NZHC 1694 [14 July 2020]
[1] Mr Edgerton appears for sentence today after pleading guilty to sexual connection with a young person,1 supplying methamphetamine to that young person2 and receiving stolen property.3 He also appears for sentence on one charge of breach of release conditions.4
[2] Today Mr Edgerton indicated through his counsel that he was not prepared to leave his cell. He did this at 9.00 am in the morning and for other reasons, namely, the late arrival of a supplementary psychological report, the sentencing had to be delayed until 2.15 today. Mr Edgerton has been in the Courthouse in the cells all day, and he has had ample time to think about whether he would change his mind. He has chosen not to. Having indicated he was not prepared to leave his cell, he signed a written waiver in the following terms:
My name is Neville Andrew EDGERTON. DOB: 30 August 1955
PRN: 5748695
I am at the Auckland High Court today for sentencing. I do not wish to attend my sentencing hearing. I consent to the sentencing going ahead in my absence. My lawyer told me that I need to appear in court to hear my sentencing.
I have told my lawyer that I am going to stay in the cells and that the Judge can sentence me in my absence. My lawyer Ms Allen can relay to me the sentencing outcome.
The note is then signed and dated by Mr Edgerton.
[3] I was initially concerned regarding the prospect of proceeding with sentencing in circumstances where Mr Edgerton was absent from the courtroom. Particularly as s 123 of the Criminal Procedure Act 2011 prohibits the Court from sentencing an offender charged with category 2, 3 or 4 offences in his or her absence, as Mr Edgerton is. Section 123 also provides that where a defendant is absent the Court may issue a warrant for their arrest.
1 Crimes Act 1961, s 134(1). Maximum penalty 10 years’ imprisonment.
2 Misuse of Drugs Act 1975 ss 6(1)(c) and (2). Maximum penalty life imprisonment.
3 Crimes Act 1961, ss 246 and 247(a). Maximum penalty 7 years’ imprisonment.
4 Parole Act 2002, s 71(1) maximum penalty one year imprisonment.
[4] I am satisfied however, that Mr Edgerton is not absent. He is present in the Court precincts and, if necessary, I could have him brought to the courtroom by force. I am however, not prepared to do that today and instead will accede to Mr Edgerton’s wishes and sentence him in his absence from the courtroom today. I will also direct that he remains in…
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- R v Edgerton [2020] NZHC 1694
- Case
- [2020] NZHC 1694
- Decision Date
CaseChat Overview and Summary
The court found that Edgerton has a pattern of serious sexual offending and that his offending has caused significant harm to the victim and his family. The court also found that Edgerton possesses substance abuse disorder and poses a high risk of sexual recidivism within five years. The court found that Edgerton had not engaged in substantive treatment to address his substance abuse or sexual offending and that he had not made any efforts to address the causes of his offending. The court found that a lengthy determinate sentence would not be sufficient to protect the community or address Edgerton's rehabilitative needs. The court found that a sentence of preventive detention was necessary to protect the community and promote Edgerton's rehabilitation.
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