R v Lata

Case [2018] NZCA 615 19 December 2018

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NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA244/2018
[2018] NZCA 615

BETWEEN	THE QUEEN Appellant
AND	KASMEER LATA Respondent

Hearing:	24 October 2018
Court:	Brown, Courtney and Katz JJ
Counsel:	B J Horsley for Appellant K A N Trotter for Respondent
Judgment:	19 December 2018 at 12.30 pm

JUDGMENT OF THE COURT

A The appeal is allowed.

BThe sentence on the lead charge of six years and 11 months’ imprisonment is quashed and is substituted with a sentence of ten years and three months’ imprisonment.
CThe minimum period of imprisonment of three years and five months is quashed and substituted with a minimum period of imprisonment of five years.
D The concurrent sentences on the charges under s 98AA(1)(a)(i) of the Crimes Act 1961 of six years and 11 months’ imprisonment are quashed and substituted with concurrent sentences of ten years and three months’ imprisonment.
EThe concurrent sentence on the fourth charge is unchanged.

____________________________________________________________________

REASONS OF THE COURT

(Given by Brown J)

Introduction

For a period of 18 months from the date of her daughter’s 15th birthday Ms Lata facilitated the prostitution of her daughter with the consequence that she engaged in sexual activity with paying clients on approximately 1,000 occasions. Ms Lata pleaded guilty to four charges:
(a)a representative charge of being a parent or guardian of a child under the age of 18 delivering that child to another person with intent that the child or the child’s labour be exploited;[1]
(b)two representative charges of entering into a dealing involving a person under the age of 18 years for the purpose of the sexual exploitation of the person;[2] and
(c)receiving earnings from commercial sexual services provided by a person under 18 years.[3]
[1]Crimes Act 1961, s 98(1)(i): maximum penalty 14 years’ imprisonment.
[2]Section 98AA(1)(a)(i): maximum penalty 14 years’ imprisonment.
[3]Prostitution Reform Act 2003, ss 21 and 23: maximum penalty seven years’ imprisonment.
After allowing both a discount for lack of prior convictions and to recognise the extent to which prostitution was “normalised” in Ms Lata’s own upbringing, and applying a full discount of 25 per cent for her guilty pleas, Muir J imposed concurrent sentences of six years and 11 months’ imprisonment on the first, second and third charges.[4] The Solicitor-General appeals against the sentence on the basis that it is manifestly inadequate and wrong in principle, contending that the starting point taken for the lead offence of nine years and six months’ imprisonment was too low to properly reflect the criminality and culpability inherent in Ms Lata’s conduct. We address the circumstances of the offending in detail in our discussion of counsel’s submissions.

Sentencing in the High Court

[4]R v Lata [2018] NZHC 707 [Sentencing notes] at [53]. A concurrent sentence of two years and

11 months’ imprisonment was imposed in respect of the fourth charge.

It was…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lata

Details

AGLC: R v Lata [2018] NZCA 615
Case: [2018] NZCA 615
Decision Date: 19 December 2018 at 12.30 pm

CaseChat Overview and Summary

In the case of R v Lata, the Court of Appeal of New Zealand was asked to consider the sentence imposed on Ms Lata, who facilitated the prostitution of her daughter over a period of 18 months. Ms Lata pleaded guilty to several charges, including delivering her daughter to another person with intent that the child be exploited, and receiving earnings from commercial sexual services provided by a person under 18 years. The Crown appealed the sentence on the grounds that it was manifestly inadequate and wrong in principle. The court agreed with the Crown's submission and increased the sentence, substituting the original sentence of six years and 11 months' imprisonment with a sentence of ten years and three months' imprisonment on the lead charge, and a minimum period of imprisonment of five years. The concurrent sentences on the other charges were also increased to ten years and three months' imprisonment. The Court held that the totality of the aggravating circumstances of Ms Lata's offending placed the case squarely within the category of the most serious of cases, warranting the maximum prescribed penalty.

Orders