R v Marsh - [2016] NZHC 747

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2015-070-000682 [2016] NZHC 747

THE QUEEN

v

JORDAN TERRANCE MARSH

Hearing: 18 April 2016

Counsel:

R Jenson for Crown
CG Tuck for Defendant

Judgment:

18 April 2016

SENTENCING NOTES OF ASHER J

Solicitors/Counsel:
Hollister-Jones Lellman, Tauranga.
CG Tuck, Tauranga.

R v MARSH [2016] NZHC 747 [18 April 2016]

Introduction

[1] Jordan Marsh, it is my duty now to sentence you following your convictions in this court of three charges of sexual violation by unlawful sexual connection, one of sexual violation by rape, one of kidnapping and abduction, one of attempted aggravated injury, three charges of threatening to kill, one charge of sexual conduct with a young person, and one charge of indecent assault.

[2] Now it is necessary for me first to summarise what you have done. There were four victims.

[3] The first two victims were at their home at the time of the offending. Earlier that night they were joined be a group of male friends for drinking and socialising. Ultimately at the end of the night by about 2 am the others had left and you were left at the address. You had been intoxicated. On the basis of trust, victim 1 allowed you to sleep on top of her bed in your clothes while she slept under the sheets in her bed clothing.

[4] A few hours later you woke up and went into the second victim’s room. The first victim observed you had no pants on. You climbed into the second victim’s bed. You held her wrist tightly and started kissing her before moving on top of her. She indicated throughout that she did not want you to do any of this and pushed you and asked you to leave, and eventually you did. This constitutes the indecent assault charge.

[5] You then went back to the first victim’s bedroom. You demanded that she perform oral sex on you. At a point you threatened to kill her if she did not do what you wanted. She gave you oral sex for about 30 seconds. You then demanded more and began strangling her. You then pulled down her pants and underwear and engaged in sexual intercourse. Victim 1 was crying throughout and asking you to stop. You ignored her pleas and carried out full sexual intercourse and ejaculated. You threatened to harm her and her 18 month old son if she reported anything.

[6] For these actions you were charged with unlawful sexual connection, threatening to kill and sexual violation by rape.

[7] The third charge relates to another person, the third victim, who was then aged 14. She was a friend of your sister. You had consensual sex with her. There was an age difference of approximately five years.

[8] The fourth and most serious offending, because of its aggravating features, related to the fourth victim. You contacted her at her home and asked her to come around, telling her that a very close friend needed…

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 Marsh

Details

AGLC: R v Marsh [2016] NZHC 747
Case: [2016] NZHC 747
Decision Date: 18 April 2016

CaseChat Overview and Summary

In the case of R v Marsh, the defendant, Jordan Terrance Marsh, was convicted of multiple charges including sexual violation by unlawful sexual connection, sexual violation by rape, kidnapping, attempted aggravated injury, threatening to kill, sexual conduct with a young person, and indecent assault. Marsh was sentenced in the High Court of New Zealand, Rotorua Registry. The court was tasked with determining an appropriate sentence for Marsh, taking into account the severity of his crimes and various aggravating factors.

The court considered the nature and impact of Marsh's crimes on his victims, noting that three of the victims suffered severe and long-term effects. The court also assessed the appropriate starting point for Marsh's sentence, considering the most serious charges against the fourth victim. The court found that the offending against the fourth victim warranted a starting point within band two of the sentencing guidelines, considering factors such as premeditation, breach of trust, violence, and the fact that Marsh was on bail at the time of the offending. The court ultimately determined a starting point of 12 years' imprisonment for the fourth victim, with additional uplifts for other victims, resulting in a total starting point of 23 years' imprisonment.

In determining the final sentence, the court considered personal factors such as Marsh's youth and lack of prior sex offending. The court decided to apply a 15% discount for Marsh's youth, resulting in a final sentence of 13 and a half years' imprisonment. The court also imposed a minimum term of six years and nine months' imprisonment to ensure public safety and deter future offending. The individual sentences for each charge were imposed concurrently, with the most severe sentences being 12 years' imprisonment for the sexual violation charges against the fourth victim and eight and a half years' imprisonment for the sexual violation and rape charges against the first victim.

Orders