R v Jenkins

Case

[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

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Duress & Necessity

  • Mens Rea & Intention

  • Unconscionable Conduct

  • Negligence

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Most Recent Citation
R v Marshall [2020] NZHC 1271

Cases Citing This Decision

4

R v Marshall [2020] NZHC 1271
R v Tareha [2015] NZHC 676
R v Marshall [2020] NZHC 1271
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0

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