R v G

[2025] NZHC 2772

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI-2022-088-994

[2025] NZHC 2772

THE KING

v

G

Hearing:

23 September 2025

Appearances:

B O’Connor for the Crown

M R Ridgley for the defendant

Date:

23 September 2025

SENTENCING NOTES OF BLANCHARD J

Solicitors:

MWIS Lawyers, Whangārei

Thomson Wilson Solicitors, Whangārei

R v G [2025] NZHC 2772 [23 September 2025]

[1]Mr G, you appear for sentence on:

(a)four charges of sexual violation by unlawful sexual connection;1

(b)two charges of sexual violation by rape;2

(c)five charges of indecency with a girl under 12;3 and

(d)three charges of sexual conduct with a child under 12.4

[2]        You were convicted of these charges on 12 November 2024 following a trial by jury in the District Court at Whangarei. You were found not guilty of one charge of assault with a weapon.

[3]        Sentencing is a formal process that takes some time. That is because I must explain the reasons for the sentence I am to impose. You and all the people in Court, and any court that reviews the sentence, must know the basis upon which I have imposed the sentence.

[4]        I acknowledge the victims, whānau and friends who are here in Court today. This is no doubt a difficult day for everyone involved.

[5]        Mr G, a key matter I have to decide today is whether to sentence you to preventive detention. That is why you appear for sentence in the High Court. Preventive detention is a sentence of imprisonment for an indefinite period. You would be released only  when the Parole Board is satisfied that you no longer pose   a risk to the community.

1      Crimes Act 1961, s 128(1)(b). Maximum penalty 20 years’ imprisonment.

2      Section 128(1)(a). Maximum penalty 20 years’ imprisonment.

3      Section 133(1)(b) (now repealed). Maximum penalty 10 years’ imprisonment.

4      Section 132(3). Maximum penalty 10 years’ imprisonment.

The offending

[6]        I will first summarise your offending. Although you and the victims will be familiar with these facts, it is important that I outline them before I impose your sentence.

[7]        In speaking to you today, Mr G, I will refer to each of the victims by their names. But, of course, they both have permanent name suppression, and the published version of my sentencing notes will anonymise them.5

CJ

[8]        Your first set of convictions concerns offending against CJ. CJ was a childhood friend of your daughter BG. You offended against CJ on two occasions between 22 January 2003 and 21 January 2007. CJ was between five and nine years’ old.

[9]        On one occasion, CJ was invited to your home in Whangārei for a sleepover with BG to celebrate her birthday. CJ was lying on the couch in the lounge room. BG was lying on a mattress in front of the couch.

[10]      You entered the lounge and lay down behind CJ on the couch. Your stomach was touching her back. You began to massage CJ’s shoulders and rub her body. You pulled her underwear to the side and used your fingers to touch her genitalia.

[11]      You continued to hold CJ’s underwear to one side and pushed your penis inside her vagina. After some time, you got up from the couch and left the room. Afterwards, CJ saw blood in her underwear and was in pain for a few days when she urinated.

[12]      In relation to this offending, you were convicted of one charge each of indecency with a girl under 12, sexual violation by rape, and sexual violation by unlawful sexual connection.

[13]      On another occasion, CJ was at your workplace — a retail store in Whangārei. You took her into the back room and lifted her onto a desk. Her legs were dangling

5      As I indicated in Court, these published sentencing notes have been anonymised.

off the edge of the desk. You sat on the desk chair and positioned yourself between her legs.

[14]      You began to touch and stroke CJ’s inner thighs. You stopped her from closing her legs by putting your legs between hers. You lifted her down from the desk when you heard someone walking past the back room. You took her out to the front of the shop.

[15]      In relation to this offending, you were convicted of one charge of indecency with a girl under 12.

BG

[16]      Your second set of convictions concerns offending against your daughter, BG. Nine of your convictions relate to offending against her between 14 July 2004 and 14 July 2008. BG was between six and 10 years’ old.

[17]      During this period, BG was living with you at three addresses in Whangārei. For a time, BG’s mother also lived with the two of you. After separating from BG’s mother, you became bolder with your offending  because you did not have to hide    it from anyone at your home.

[18]      On one occasion, you were asleep in your bedroom. BG’s mother had gone  to work. BG entered the room and climbed into bed with you to wake you up. You told BG to go under the covers. You pulled your penis out of your underwear and told her to put her mouth around it. She had sexual connection with your penis. You were convicted of one charge of sexual violation by unlawful sexual connection in relation to this offending.

[19]      When BG was between the age of six and nine, on a number of occasions, you made her have unlawful sexual connection with your penis at various locations, including your homes and your workplace. On these occasions, you instructed BG  to suck your penis. She did as she was told. You were convicted of a representative charge of sexual violation by unlawful sexual connection in relation to this offending.

[20]      When BG was between the age of six and nine, on a number of occasions, you told BG to have a bath with you. You were both naked in the bath. You made a “game” out of your penis floating in the bath and told BG to “try and grab it, try and get it”. BG grabbed and rubbed your penis. You were convicted of one representative charge each of indecency with  a girl under 12 and sexual conduct with  a child under 12    in relation to this offending.

[21]      On one occasion while in the bath, you reached between BG’s legs and put your fingers inside her genitalia. She told you to stop because it hurt. You told her to “stop being a poof”. You were convicted of one charge of sexual violation by unlawful sexual connection in relation to this offending.

[22]      On more than one occasion, you kissed BG on the mouth. This included after you had made her perform oral sex. After you finished, you would instruct BG to kiss you on the mouth. You would “peck” her on the mouth, but it would last for a number of seconds. You were convicted of one representative charge each of indecency with a girl under 12 and sexual conduct with a child under 12 in relation to this offending.

[23]      On more than one occasion at your workplace, you would use your hand to rub the outside of BG’s vagina over the top of her underwear while she was on one knee in front of you. You were convicted of one representative charge each of indecency with a girl under 12 and sexual conduct with a child under 12 in relation to this offending.

[24]      When BG was 10 years’ old, she moved to England with her mother. However, you continued to have contact with her when she returned to New Zealand on two occasions.

[25]      In 2015, BG was advised that you were facing charges of sexually abusing two other young girls. BG travelled back to New Zealand to support you through the court process.

[26]      Your final conviction concerns offending on 8 June 2016. BG was 17 years’ old. She had attended court that day when you pleaded guilty to the charges relating to your offending against the other two young girls. You were bailed pending sentence.

[27]      That evening, you and BG travelled to Pukenui where you were living with your parents. You and BG were drinking together at the address. You encouraged her to take excess amounts of pain medication that she had been prescribed for back pain. After drinking together for a number of hours, BG needed help to walk to her bedroom

— she was unable to walk on her own.

[28]      You helped BG onto her bed and closed the door behind you. You pulled her pants down. You pushed her legs apart, climbed on top of her and had sex with her. When you were finished, you turned off the light and left the room. You were convicted of one charge of sexual violation by rape in relation to this offending.

Victim impact

[29]      You have heard the victim impact statements from both CJ and BG read to the Court this morning.  The profound and lasting effects that your  offending has had  on them are clear. The psychological and emotional effects have been huge.

Finite sentence

[30]      Before I turn to whether you should be sentenced to preventive detention, I will determine what your final sentence would be if I impose one. I will do this following a two-step process:6

(a)First, I will set a starting point by looking at the nature and extent     of your offending.

(b)Second, I will consider whether any uplifts or reductions should be made to the starting point to take account of your personal circumstances.

6      Moses v R [2020] NZCA 296, [2020] 3 NZLR 583 at [46].

Stage one: starting point

[31]      The charge of sexual violation by unlawful sexual connection is the lead offence.   The tariff case for such offending is  R v AM.7    In that case,  the Court     of Appeal set out four sentencing bands for rape. However, these bands also apply where the lead offence is penile penetration of the mouth.8

[32]      The Crown’s lawyer says your offending falls in rape band four. That is for offending that involved multiple offending over considerable periods of time rather than single instances. The Crown submits the aggravating features relating to the offending are the scale of the offending, the vulnerability of the victims, breach of trust, planning and premeditation, and harm to the victims. Your lawyer agrees those aggravating features are all present.

[33]      The global starting point I adopt will include an uplift for the other charges you have been convicted of.

[34]      You are currently serving a  sentence  of  12  years’ imprisonment  imposed on 13 July 2016 having pleaded guilty to charges of rape, unlawful sexual connection and attempted rape against two other young girls, TN and CO.9

[35]      I have to determine whether the sentence I impose today should be served cumulatively or concurrently with that sentence. The Crown’s lawyer also submits that I should impose a cumulative sentence on your conviction for rape against BG. Your lawyer does not oppose that submission.

[36]      If I were to impose a cumulative sentence that is added to your current sentence, I must also take into account totality. The total period of imprisonment must not be out of proportion to the gravity of your overall offending.10 That means, I will consider the sentence that would have been imposed had you been sentenced for your

7      R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750.

8 At [90].

9      Police v [G] [2016] NZDC 13017.

10     Sentencing Act 2002, s 85.

offending against CJ and BG at the same time as you were sentenced for your offending against TN and CO.

[37]      The Crown’s lawyer submits all your offending against CJ and BG warrants  a starting point of nine to 11  years’ imprisonment.  She reaches this starting point   as follows:

(a)If considered on its own, your offending  against  CJ would warrant    a starting point of 12 to 13 years’ imprisonment, and your offending against BG, excluding your 2016 offending, would warrant a starting point of 16 to 17 years’ imprisonment.

(b)Had you been sentenced in 2016 for this offending, a starting point   of 20 to 21 years’ imprisonment would have been appropriate, comprising:

(i)the 14-year starting point adopted for your offending against TN and CO; and

(ii)a starting point, adjusted down for totality, of six to seven years for your offending against CJ and BG.

(c)If considered on its own, a starting point of 11 to 12 years for your 2016 offending would be appropriate. Adjusted down for totality, a starting point of three to four years’ imprisonment is appropriate on that charge, especially given you offended while on bail.

(d)Adding together the starting points adjusted for totality of six to seven years and three to four years leaves a total starting point adjusted for totality of nine to 11 years’ imprisonment.

[38]      Your lawyer submits that a starting point for all your offending against CJ and BG of six to eight years’ imprisonment is appropriate. He reaches this starting point as follows:

(a)If considered on its own, your offending  against  CJ would warrant    a starting point of eight to nine years’ imprisonment, and your offending against BG, excluding the 2016 offending, would warrant   a starting point of 12 to 13 years’ imprisonment.

(b)Had you been sentenced in 2016 for this offending, a starting point   of 18 to 20 years’ imprisonment would have been appropriate, comprising:

(i)the 14-year starting point adopted for your offending against TN and CO; and

(ii)a starting point, adjusted down for totality, of four to six years for your offending against CJ and BG.

(c)If considered on its own, a starting point of eight to nine years for your 2016  offending  would  be appropriate.  Adjusted  down  for totality, a starting point of two years imprisonment is appropriate on that charge.

(d)Adding together the starting points, adjusted for totality, of four to six years plus two years leaves a total starting point adjusted for totality of six to eight years’ imprisonment.

[39]      In my view, the starting point for all your offending against CJ and BG, excluding your 2016 offending, is seven years’ imprisonment. I say this for the following reasons:

(a)First, BG and CJ were highly vulnerable victims. BG and CJ were between the age of five and 10 years’ old.

(b)Second, you breached the victims’ trust. BG is your daughter. Offending against family members is particularly serious. In respect of CJ, you were entrusted to care for her at sleepovers at your home.

(c)Third, your offending was repeated. You offended against BG and CJ multiple times between 2002 and 2008.

(d)Fourth, your offending was premeditated. You took advantage of being alone with BG. Your offending became bolder when you were living alone with BG. You offended against CJ when she was in your care.

(e)Fifth, the level of harm to the victims was serious. This is apparent from the victim impact statements which we have heard this morning.

(f)Finally, the starting point is adjusted down for totality, having regard to your existing sentence of imprisonment.

[40]      The starting point for your 2016 offending is two years’ imprisonment. I note that this starting point is adjusted down for totality and does not include any uplift for the fact that this offending occurred while you were on bail. As that is an offender- specific aggravating factor, I will consider it at stage two.

[41]      The end result is that the total adjusted starting point is nine years’ imprisonment.

Stage two: personal circumstances

[42]      I now turn to the second stage, which is to consider whether any uplifts       or reductions should be applied to the adjusted starting point to take account of your personal circumstances.

[43]      The Crown’s lawyer notes you were on bail pending sentence for your sexual offending against TN and CO at the time you raped BG on 8 June 2016. They say this is an aggravating factor to a high degree. I agree. Your lawyer does not dispute this  is an aggravating factor. I apply a one-year uplift to your two-year starting point for this offending.

[44]      The Crown says it is not aware of  any personal  mitigating factors relevant  to you.

[45]      Your lawyer notes that you have privately engaged a clinical psychologist, Greg Woodcock, for  the  purposes  of  therapeutic  intervention.  Your  lawyer  says a reduction to recognise the work undertaken with Mr Woodcock is appropriate. Voluntary efforts to engage  in  a  rehabilitation  programme  before  sentence  may be treated as material evidence of remorse and entitle an offender to a reduction at sentencing.11 However, you continue to deny the offending.  In those circumstances, I decline to apply any reduction.

Summary

[46]      In summary, the finite sentence that I would impose if I decided not to sentence you to preventive detention is 10 years’ imprisonment. This includes:

(a)A finite sentence of seven years’ imprisonment in respect of all your offending against CJ and BG between 2003 and 2008.

(b)A finite sentence of three years’ imprisonment in respect of your 2016 offending. This is calculated as follows:

(i)a starting point of two years’ imprisonment; and

(ii)an uplift of one year for offending while on bail.

[47]      Those sentences would be served cumulatively with each other and with your existing sentence of imprisonment.

Minimum period of imprisonment

[48]      If I were to impose a finite sentence, I would  also  need  to  decide whether to impose a minimum period of imprisonment.

[49]      The Crown says that a minimum period of imprisonment should be imposed. Your  lawyer says that no minimum period of imprisonment is required  because  you

11     Mathew Downs (ed) Adams on Criminal Law (online ed, Thomson Reuters)  at [SA9.22],  citing

Hansch v Police [2014] NZHC 2438.

have already served 10 years of your 2016 prison sentence and the bulk of your offending was between 1999 and 2009.

[50]      The standard position is that you would be eligible for parole after you have served one third of your sentence.12 A minimum period of imprisonment is applicable where the standard parole eligibility period would not be sufficient to hold you accountable, denounce and deter your offending, and protect the community from you.13

[51]      If I impose a finite period of imprisonment cumulative to your existing term of imprisonment, you will have served 13 years’ imprisonment before you are eligible for parole. In the circumstances, I do not consider that a minimum period of imprisonment is required.

Preventive detention

[52]I now turn to whether I should impose a sentence of preventive detention.

[53]      The purpose of preventive detention is to protect the community from those who pose a significant and ongoing risk to the safety of its members.14 I can impose  a sentence of preventive detention if I am satisfied you are likely to commit another qualifying violent or sexual offence on release at the end date of a finite sentence. But, in deciding whether to impose a sentence of preventive detention, there are certain matters that I must consider.

[54]      To assist me in making my decision, I am required to receive two expert reports.15 To meet this requirement, the Crown has provided me with reports from  Dr Jeremy Skipworth, a forensic psychiatrist, and Dr Sarah Cluley, a clinical psychologist. Your lawyer has also provided me with a report from Mr Woodcock, the clinical psychologist you have privately engaged. I have carefully considered these reports, as well as the submissions by the Crown’s lawyer and by your lawyer.

12     Parole Act 2002, s 84(1).

13     Sentencing Act, s 86.

14     Section 87.

15     Section 88.

[55]      I said that there are certain matters that I must consider. I will go through these in turn.

Pattern of serious offending

[56]      The first factor I need to consider is any pattern of serious offending disclosed by your history.

[57]      The Crown’s lawyer submits that you have a clear pattern of serious sexual offending. You are currently serving a sentence of 12 years’ imprisonment having pleaded guilty to charges of rape, unlawful sexual connection and attempted rape against TN and CO.

[58]      Your lawyer accepts you demonstrated a pattern of serious offending between 1999 and 2009. However, he submits that you did not continue with this pattern after 2009.

[59]      The Court of Appeal has said that there does not have to be a history of identical offending, only “a propensity mix of dangerous behaviour”.16

[60]      I will now describe your previous offending.  The first set of offending was  in 1999 to 2000 against TN. TN was approximately 12 years’ old. She was the stepsister of your then partner. On two occasions, you plied her with alcohol and sexually violated her by oral and digital penetration, and by rape.

[61]      The second set of offending was in 2006 to 2007 against CO. CO was seven to eight years’ old. She was the daughter of a friend of yours. You sexually violated her by oral and digital penetration and by rape.  As I have said, you pleaded guilty   to those charges in 2016 and are serving a 12-year term of imprisonment.

[62]      In his report, Dr Skipworth says you have an “established pattern of offending against pre- and post-pubertal females” known to you as family or friends of family, ranging in age from seven to 16 years’ old.

16     Stroobant v R [2018] NZCA 10 at [23].

[63]      I agree with the Crown that there is a pattern of serious offending here. I accept that the pattern primarily existed between 1999 and 2009. You did not continue with this pattern between 2009 and 2016. However, BG was in the United Kingdom in that period, and as I have outlined, you offended again in 2016 while on bail pending sentence.

Seriousness of harm to the community caused by the offending

[64]      The next factor is the seriousness of harm to the community caused by your offending.

[65]      Your lawyer rightly accepts that your offending has harmed BG and CJ. But he submits harm to the community in a general sense is not a particularly relevant focus of this sentencing exercise.

[66]      The nature of your offending speaks for itself. The victims were between five and 16 years’ old. There can be no doubt that the harm caused to them is very serious. And your offending will have also had a significant impact on the people around them.

Tendency to commit serious offences in the future

[67]The next factor is your tendency to commit serious offences in the future.

[68]      I have referred to the three expert reports I have received. These reports assist me in determining whether you are likely to commit another qualifying offence.

[69]      Dr Skipworth assesses you as currently being in the “above average risk” band for future sexual offending. He notes that your significant cognitive distortions, lack of insight, and denial of the current offending suggest that expecting you to respond to treatment at an average level “may be an overly optimistic estimate.”

[70]      Dr Cluley places you in the average risk category for committing further sexual offences within five years of release, noting that your risk is “primarily related to sexual deviance” and “cognitive distortions.” She considers you “an excellent

candidate for rehabilitation,” citing your motivation, insight, and “positive progress towards building skills and protective factors.”

[71]      Mr Woodcock reports your risk of  sexual  reoffending  is  below  average. He adds that your risk is expected to decline substantially over the coming years, especially given your age and your engagement in relapse prevention treatment.

[72]      I accept that you pose an average risk of committing a serious offence in the future. However, you have shown some motivation to engage in rehabilitation and the reports record that your age is a protective factor — recidivism rates are known to decline significantly in older offenders. If I impose a finite sentence, you will be at least 60 years’ old before you are eligible for parole.

Efforts by the defendant to address the offending

[73]The next factor is the efforts you have made to address your offending.

[74]      The Crown emphasises that you continue to deny the offending. That will necessarily inhibit your ability to properly address your behaviour.

[75]      Dr Skipworth says you have not completed any intensive rehabilitation focused on your risk of sexual offending. He notes that you deny the current offending, which may limit your ability to engage in treatment. However, you report motivation to source treatment privately while awaiting departmental treatment.

[76]      Dr Cluley reports that you completed the six-month Drug Treatment Programme in 2022, where you were described as “reflective,” “supportive,” and “motivated to make changes.” You are on the waitlist for the Special Treatment Unit: Child Sexual Offender Programme, and although your denial of current offending is noted as a responsivity barrier, you have engaged Mr Woodcock to begin offence- specific treatment and develop a relapse prevention plan. She considers you an excellent candidate for rehabilitation.

[77]      Mr Woodcock notes that you are currently undertaking the Adult Relapse Prevention Programme and have previously engaged in extensive therapeutic intervention. He concludes that you are likely to benefit from further treatment.

[78]      I accept you have not had the opportunity to engage in any departmental rehabilitation programmes. The fact you have privately engaged a clinical psychologist is a positive first step towards rehabilitation. But your continued denial of  the  offending  is  a  barrier  to  making  any  meaningful  progress.    That  said,   I acknowledge your reported motivation to seek treatment, and note that your apparent suitability for rehabilitation offers some promise.

Lengthy finite sentence is preferable if it provides adequate protection

[79]      The final  factor that  I must consider is the principle that a finite sentence    is preferable if it provides adequate protection for society.

[80]      The Crown’s lawyer says that a lengthy finite sentence will not be sufficient to protect the community. She submits that, on the information available, there is a large degree of uncertainty as to whether you will successfully complete rehabilitation programmes. Even if you complete such programmes, the Crown’s lawyer says there remains  a  large  degree  of  uncertainty  as  to  whether  they  would  be  effective  in mitigating the risk you pose.

[81]      Your lawyer says a lengthy finite sentence will be sufficient. He notes you are engaging in treatment with Mr Woodcock, you are on a waitlist for departmental treatment and, should you disengage with treatment, that will likely impact your release date.

[82]      If I impose a lengthy finite sentence, you will have served at least  13 years  in prison. It is more likely that you will have had the opportunity to engage in departmental rehabilitation. You will be in your 60s. I consider that will provide adequate protection for society.

Conclusion

[83]       Having carefully considered the health assessor reports and the submissions from both lawyers, I am not satisfied that it is likely you will commit another qualifying sexual offence if you are released at the sentence expiry date of the finite prison sentence that I can now tell you I do intend to impose. I consider a lengthy finite sentence will be sufficient to protect the community from you. I decline to impose a sentence of preventive detention.

Registration on the Child Sex Offender Register

[84]      I am required to let you know you will automatically be registered on the Child Sex Offender Register.17

Sentence

[85]      Mr G, on Charges 2, 5, 6 and 9 for your offending of sexual violation by unlawful sexual connection, I sentence you to seven years’ imprisonment.

[86]      On Charge 3  for  your  offending  of sexual  violation  by  rape  against  CJ,  I sentence you to seven years’ imprisonment.

[87]      On Charges 1, 4, 7, 10 and 12 for your offending of indecency with a child under 12, I sentence you to seven years’ imprisonment.

[88]      On Charges 8, 11 and 13 for your offending of sexual conduct with a child under 12, I sentence you to seven years’ imprisonment.

[89]      All the sentences I have just stated are to be served concurrently with each other. The total length of sentence you may be required to serve for them is seven years’ imprisonment.

17     Child Protection (Child Sex Offender Government Agency Registration) Act 2016, s 7.

[90]      On Charge 15 for your offending of sexual violation by rape against BG,       I sentence you to three years’ imprisonment. This sentence is to be served cumulatively with the sentences I have just imposed.

[91]      Overall, the total length of the sentences I have just imposed is 10 years’ imprisonment. That term of imprisonment is to be served cumulatively on your current term of imprisonment.

[92]You may stand down.

Blanchard J