R v Page

In the High Court of New Zealand, Auckland Registry, the case of The Queen v Richard Page involved the defendant pleading guilty to six charges of sexual conduct with a young person under the age of 16 years. The charges included four instances of sexual connection and two instances of doing an indecent act. The legal issues before the court included determining an appropriate finite sentence and whether preventive detention was warranted as a sentence. The court had to consider the aggravating and mitigating factors of the case, as well as the principles and purposes of sentencing as outlined in the Sentencing Act 2002.

The court began by assessing the finite sentence, taking into account the aggravating features of the defendant's offending. These included the repetitive and persistent nature of the offending, the significant degree of grooming, the age disparity between the defendant and the victim, and the harm caused by the offending. The court also considered the defendant's previous convictions for indecent assault on a boy under 12, as well as the absence of any personal mitigating factors. After weighing these factors, the court determined a starting point of four years and six months imprisonment, with a minimum period of imprisonment of one year and nine months.

Turning to the question of preventive detention, the court assessed the preconditions set out in section 87(2) of the Sentencing Act and the relevant discretionary factors in section 87(4). While the preconditions were met, the court ultimately declined to impose preventive detention in the case. The court found that a lengthy determinate sentence with the possibility of an extended supervision order was preferable to provide adequate protection for society.

In conclusion, the defendant was sentenced to four years and six months imprisonment with a minimum period of imprisonment of one year and nine months. The court also ordered that the defendant be a registrable offender under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016, subject to ongoing reporting obligations upon release from custody.