R v Parker

In the Court of Appeal of New Zealand, the case of The Queen versus Parker was heard on August 20, 2003, by Gault P, Rodney Hansen J, and Salmon J. The appellant, Parker, was convicted of sexual violation by rape and was sentenced to 12 years imprisonment with a minimum non-parole period of eight years. Parker appealed against the length of the minimum non-parole period, arguing that it was excessive and did not adequately consider his rehabilitation efforts and family circumstances. The central issues in the case were whether the Judge adequately considered the appropriate length of the minimum period to be served and whether the period fixed was excessive.

The Court considered the process followed by the Judge in determining the length of the minimum period. The Judge had not articulated a clear process of reasoning in arriving at the eight-year period. The Court noted that when considering the period to be served, the sentencing principles in sections 7, 8, and 9 of the Sentencing Act must be considered. The Court found that the Judge may have confused the two stages of the consideration of a minimum sentence. The Court also considered the seriousness of the offence and the circumstances of the offender, concluding that while the offence was serious, the circumstances of the offender did not warrant the maximum available non-parole period. Therefore, the Court allowed the appeal, quashed the order fixing the minimum period to be served of eight years, and substituted a period of six years.