R v G

[2022] NZHC 1519

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NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF ANY COMPLAINANTS UNDER THE AGE OF 18 YEARS WHO APPEARED AS A WITNESS [OR NAMED WITNESS UNDER 18 YEARS OF AGE] PROHIBITED BY S 204 OF THE CRIMINAL

PROCEDURE ACT 2011. SEE

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS,

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IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI-2020-096-002253

[2022] NZHC 1519

THE QUEEN

v

G

Sentencing hearing:	15 December 2021
Counsel:	S Bishop and A Jeffares for the Crown P Paino for Mr G
Judgment:	5 July 2022

JUDGMENT OF GWYN J

(Amendment of sentence pursuant to s 180 Criminal Procedure Act 2011)

Solicitors:

Crown Solicitors, Wellington Paino & Robinson, Upper Hutt

R v G (Amendment of Sentence) [2022] NZHC 1519 [5 July 2022]

[1]                  On 15 December 2021, I sentenced the defendant to preventive detention for a minimum period of seven years’ imprisonment (MPI), seven years’ imprisonment in relation to incest,1 one year’s imprisonment in relation to an indecent act on a boy under 16 years2 and two years’ imprisonment in relation to an indecent assault on a girl under 12 years.3 The sentences are to be served concurrently.

[2]                  In my minute of 15 December 2021, I amended the defendant’s sentence to impose a definitive imprisonment sentence for charges 1, 3 and 4, on the basis the defendant was aged under 18 at their time of offending.

[3]                  The Crown has since requested the Court to amend the defendant’s sentence so the sentence of preventive detention should not apply in relation to charge 2.

[4]                  Under s 87(2)(a)-(b) of the Sentencing Act 2002, the defendant must be at least 18 years at the time of committing their offence in order for preventive detention to be imposed. For offences committed prior to 30 June 2002, the offender must have been at least 21 years old at the time of committing the relevant offence as this was the age requirement for preventive detention at that time.4

[5]                  The defendant was born on 2 April 1968. Charge 2 relates to offending that occurred from 1 January to 29 December 1987, when the defendant was approximately 19 years old. On that basis, the Crown submits that preventive detention cannot be imposed in relation to this charge.

[6]                  Counsel for the defendant has advised that the defendant supports the change in sentence.

[7]                  Accordingly, I amend the sentence, pursuant to s 180 of the Criminal Procedure Act 2011, which provides that the Court may correct an erroneous sentence.

1      Crimes Act 1961, s 130.

2      Section 140(b). This is a repealed provision in force at the time of offending.

3      Section 132(3).

4      R v Mist [2005] NZSC 77, [2006] 3 NZLR 145.

[8]                  I direct that the sentence of preventive detention imposed does not apply in relation to charge 2.

Gwyn J