R v McCord

The case of R v McCord is a sentencing decision by the High Court of New Zealand. Eugene Hapie McCord was sentenced on two counts of indecent assault to which he had pleaded guilty. The District Court had declined to sentence him due to his eligibility for preventive detention, a matter which the Crown sought to address. The offences were committed against a 77-year-old woman who lived alone, involving McCord attempting to touch the woman inappropriately and propositioning her for sexual activity.

The legal issues before the court were the appropriateness of imposing a preventive detention order and determining an appropriate sentence if such an order was not to be made. The court had to consider McCord's criminal history, the seriousness of the current offences, and expert evidence indicating a high risk of future offending. The Crown argued for preventive detention based on McCord's extensive history of sexual and other serious offences, while the defence counsel referenced similar cases to argue against such a sentence.

The court decided against imposing a preventive detention order, citing similarities to a previous case where the Court of Appeal had expressed reservations about such sentences. However, the court emphasised the significant risk posed by McCord and the likelihood of a preventive detention order in the future. Instead, the court imposed a concurrent sentence of three years and three months imprisonment, with a minimum term of two years and two months before parole eligibility. The court also warned McCord about the implications of the three strikes legislation, which would mandate life imprisonment without parole for any future serious violent offences.

The final orders included a warning under the three strikes legislation and a requirement for McCord to serve at least two years and two months of his sentence before becoming eligible for parole. The court urged McCord to seek help during his incarceration and upon release to address the underlying issues contributing to his criminal behaviour.