R v Maaka - [2022] NZHC 3240

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CRI-2021-085-443

[2022] NZHC 3240

THE KING

v

TED MAAKA

Hearing: 5 December 2022

Appearances:

R E Harcourt and J L Garden for Crown

P H Mitchell and D W E Dowsett for Defendant

Sentencing Date:

5 December 2022

SENTENCING REMARKS OF McQUEEN J

Introduction

[1]Mr Maaka, please stand.

[2] On 30 September 2022, you were convicted by jury trial on one charge of sexual violation by unlawful sexual connection,1 four charges of sexual conduct (by sexual connection) with a young person (including one representative charge)2 and one charge of sexual conduct (by indecent act) on a young person.3 You are now to be sentenced on those charges.

1      Crimes Act 1961, ss 128(1)(b) and 128B(1); maximum penalty 20 years’ imprisonment.
2      Section 134(1); maximum penalty 10 years’ imprisonment.
3      Section 134(3); maximum penalty seven years’ imprisonment.

R v MAAKA [2022] NZHC 3240 [5 December 2022]

[3] In sentencing you today, I will first describe the nature of the offending. I will then outline the approach that is taken in assessing a starting point for offending of this kind. I will then address discounts from the starting point arising from any matters that are personal to you. Finally, I will consider whether a minimum period of imprisonment should be imposed.

[4] The sentence I fix today must be in accordance with the principles and purposes of the Sentencing Act 2002. Those that are relevant in your case include: the need to hold you accountable; to promote in you a sense of responsibility for the harm that you have caused; to denounce your offending; and to deter you and others from similar offending. Your rehabilitation and reintegration are also relevant in fixing the end sentence. The law requires me to impose the least restrictive outcome that is appropriate in the circumstances.

The offending

[5] Your offending arose all in relation to the same victim, with whom you had a sexual relationship. At the time she was aged between 13 and 15. You were 19 when you first met, and 22 when the sexual relationship ended.

[6] You met for the first time, late one night when both of you were in Wellington. You asked the victim if she wanted to go for a walk with you to find a cigarette, and she agreed. You then walked the victim to a secluded entranceway off the street. While in this entranceway, you grabbed the victim’s bottom and attempted to remove her trousers.

[7] Following this incident, the two of you began a sexual relationship. I accept that this sexual relationship began from the time when you first met in town (sometime after the victim’s thirteenth birthday in March 2018) and continued until April 2019. That is the time period for which the representative charge of sexual connection with a young person relates. However, during that near 13 month period, you were in and out of custody…

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 Maaka

Details

AGLC: R v Maaka [2022] NZHC 3240
Case: [2022] NZHC 3240
Decision Date: 5 December 2022

CaseChat Overview and Summary

The High Court of New Zealand, Wellington Registry, sentenced Ted Maaka after he was convicted on multiple charges of sexual offences involving a young person. The charges included sexual violation by unlawful sexual connection, multiple counts of sexual conduct with a young person, and one count of sexual conduct by indecent act on a young person. The court was required to determine an appropriate starting point for the sentencing, consider any personal mitigating factors, and decide if a minimum period of imprisonment should be imposed.

The court first evaluated the nature and seriousness of the offences, noting that Maaka had engaged in a sexual relationship with a victim who was between 13 and 15 years old when the offences occurred. The court assessed the impact of the offences on the victim and established the appropriate starting point for sentencing based on the guidelines set by the Court of Appeal in R v AM. The court then considered mitigating factors such as Maaka's young age at the time of the offences and the significant personal hardships he had endured, which contributed to his offending. After applying discounts for these factors, the court decided on a final sentence of three years and four months' imprisonment. The court also ordered a protection order for the victim's safety.

Orders