R v Jenkins
Case
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[2014] NZHC 1923
•14 August 2014
Details
AGLC
Case
Decision Date
R v Jenkins [2014] NZHC 1923
[2014] NZHC 1923
14 August 2014
CaseChat Overview and Summary
The defendant, Allan James Jenkins, was convicted of multiple charges of sexual violation by rape, attempted sexual violation, indecent assault, and burglary. The crimes were committed against four separate complainants over a period of several years. The court was tasked with determining an appropriate sentence, considering both finite and preventive detention options. The court calculated a starting point for the finite sentence by examining the severity of the crimes against each victim and applying principles of totality. The starting point was adjusted for aggravating and mitigating factors, resulting in a proposed finite sentence of 15.5 years. However, the court found that preventive detention was necessary due to the defendant's history of sexual offending, the seriousness of the harm caused, and indications of a tendency to commit future sexual or violent offences. The court imposed a sentence of preventive detention with a minimum term of six years, to be followed by treatment programs if the defendant engages meaningfully.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Duress & Necessity
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Mens Rea & Intention
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Unconscionable Conduct
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Negligence
Actions
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Citations
R v Jenkins [2014] NZHC 1923
Most Recent Citation
R v Marshall [2020] NZHC 1271
Cases Citing This Decision
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[2020] NZHC 1271
Cases Cited
0
Statutory Material Cited
0