R v Paraire - [2025] NZHC 1961

PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF ANY PERSONS UNDER THE AGE OF

18 YEARS WHO IS A COMPLAINANT OR WHO APPEARED AS A WITNESS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2024-085-000189

[2025] NZHC 1961

THE KING

v

WIPARERA PARAIRE

Hearing: 16 July 2025

Appearances:

H D L Steele and S Meyerhoff for Crown

R B C Ismail and L B Tomlinson for Defendant

Judgment:

16 July 2025

SENTENCING NOTES OF VAN BOHEMEN J

Counsel/Solicitors:
Crown Solicitor, Auckland Keam Law, Auckland

R v WIPARERA PARAIRE [2025] NZHC 1961 [16 July 2025]

[1] Wiparera Paraire, you appear for sentence having pleaded guilty to the following four charges:

(a)dealing in a person under 18 for sexual exploitation;1

(b)agreeing to deal in a person under 18 for sexual exploitation;2

(c)knowingly making an objectionable publication;3 and

(d)sexual conduct with a young person under 16.4

[2] The first two charges are representative charges. The first three charges each carry maximum penalties of 14 years’ imprisonment. The fourth charge carries a maximum penalty of 10 years’ imprisonment. The charges all relate to your conduct with a young person who was 14 years’ old when most of the alleged offending occurred. Because of her age and vulnerability, I will not use the young person’s name but shall refer to her principally as the victim.

[3] We have heard the victim impact statement of the mother of that young person. I pay tribute to her courage in telling the Court how your offending has affected her daughter, herself and her family.

[4]Mr Paraire, this is the process I will follow:

(a)First, I will outline the circumstances of your offending.

(b)Secondly, I will consider your relevant personal circumstances as they have been put before the Court.

(c)Thirdly, I will explain the approach to setting the sentence and discuss the requirements of the Sentencing Act 2002 as they apply in this case

1      Crimes Act 1961 s 98AA(1)(a)(i); maximum penalty 14 years’ imprisonment.
2      Crimes Act, s 98AA(1)(i); maximum penalty 14 years’ imprisonment.
3      Films Videos and Publications Classification Act 1993, s 124; maximum penalty 14 years’ imprisonment.
4      Crimes Act, s 134(1); maximum penalty 10 years’ imprisonment.

and in accordance with decisions of the Court of Appeal and High Court.

(d)Finally, I will determine and impose the sentence I consider appropriate and make any appropriate orders.

[5] This process will take some time because, as has become apparent, there is a difference in the sentencing approaches and end sentences advocated by Crown counsel and your counsel.

The offending

[6] The following account of the offending draws on the summary of facts which was the basis of your guilty pleas. I am setting out only a brief synopsis of the summary of facts, the full version…

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 Paraire

Details

AGLC: R v Paraire [2025] NZHC 1961
Case: [2025] NZHC 1961
Decision Date: 16 July 2025

CaseChat Overview and Summary

Wiparera Paraire appeared for sentencing following a guilty plea to charges of dealing in a person under 18 for sexual exploitation, agreeing to deal in a person under 18 for sexual exploitation, knowingly making an objectionable publication, and sexual conduct with a young person under 16. Each charge carried a maximum penalty of 14 years' imprisonment, except for the fourth charge which carried a maximum penalty of 10 years. The court recognised the victim's age and vulnerability, choosing to refer to her as the victim and not disclose her name. The court outlined its sentencing process, beginning with an overview of the offending, then considering Paraire's personal circumstances, the approach to sentencing, and finally determining the appropriate sentence. The court heard submissions from both the Crown and defence counsel on the appropriate starting point for sentencing, with the Crown advocating for a starting point of eight years and defence counsel submitting for a starting point of three years. The court preferred the approach of defence counsel, setting a starting point of four years for the sexual exploitation charges and an uplift of two years for the other charges, resulting in an overall starting point of six years. The court then considered personal mitigating and aggravating factors, concluding with a final sentence of four years and six months for the first two charges and two years for the remaining charges, to be served concurrently. The court also noted that Paraire would be a registrable offender under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 upon release from prison.

Orders