R v Parker - [2013] NZHC 2075

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTIUCLARS, OF COMPLAINANTS PROHIBITED BY S
203 OF THE CRIMINAL PROCEDURE ACT 2011

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2012-029-696 [2013] NZHC 2075

THE QUEEN

v

JAMES ROBERTSON PARKER

Hearing: 15 August 2013

Counsel: M B Smith and C A Anderson for Crown
A J H Witten-Hannah for Mr Parker

Judgment: 15 August 2013

SENTENCING NOTES OF HEATH J

Solicitors:
Crown Solicitor, Whangarei
Witten-Hannah Howard, Northcote, Auckland

R v PARKER [2013] NZHC 2075 [15 August 2013]

Introduction

[1] James Robertson Parker, you appear for sentence today having pleaded guilty to 74 charges involving unlawful sexual connection and indecencies, committed against young boys.

[2] The offending includes 25 charges of indecent acts with boys under the age of 12 years, 35 of indecent acts on boys aged between 12 and 16 years, four of sexual connection with a child under the age of 12 years, five of sexual connection with a young person aged between 12 and 16 years and five of sexual violation. Most of the offending occurred in the period between 2006 and 2012, although there are two charges arising out of events in 1999.

[3] On 22 August 2012, you pleaded guilty to 49 of those charges. Following a hearing in the District Court at Kaitaia, you subsequently pleaded guilty to a further
25 offences. Those pleas were entered on 10 April 2013.

[4] Following entry of those pleas, the District Court Judge indicated that it was likely he would decline jurisdiction and transfer sentencing to this Court so that the imposition of the indefinite sentence of preventive detention could be considered. The Judge took that course.1

[5] The lead offences for sentencing purposes will be those of sexual violation. Escalation to conduct involving connection between mouth and penis began around
2008 and continued until 2012. There were later instances of anal penetration that occurred in 2012.

[6] The maximum penalty for sexual violation is 20 years imprisonment. Other charges carry lesser maximum penalties, ranging from between 7 and 14 years
imprisonment.

1 R v Parker DC Kaitaia CRI 2012-029-696, 10 April 2013.

Sentencing goals

[7] For offending of this type, I am required to denounce your conduct and to hold you accountable for it. I am required to impose a sentence that will deter you and others from offending in this way in the future. Those sentencing goals can be achieved through the imposition of a very long period of imprisonment, coupled with a term during which you would not be eligible to seek parole.

[8] However, there is a more important goal. That is the protection of the community, in particular young and vulnerable boys, from your predatory conduct. The sentence of preventive detention is available to respond to cases in which a finite sentence of imprisonment is unlikely to provide an adequate degree of protection for such victims, and the community in general. Under a sentence of preventive detention, an offender is…

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 Parker

Details

AGLC: R v Parker [2013] NZHC 2075
Case: [2013] NZHC 2075
Decision Date: 15 August 2013

CaseChat Overview and Summary

James Robertson Parker appeared before the High Court of New Zealand in Whangarei for sentencing, having pleaded guilty to 74 charges involving unlawful sexual connection and indecencies against young boys. The charges included indecent acts and sexual violations committed between 2006 and 2012, with some offences dating back to 1999. The court had to decide whether to impose a lengthy finite term of imprisonment or an indefinite sentence of preventive detention to adequately protect the community from Parker's predatory conduct. The sentencing goals included denouncing Parker's conduct, holding him accountable, deterring him and others from similar offending, and most importantly, protecting the community from his risk of reoffending. The court considered various factors, such as the nature and extent of the offending, the harm caused to the victims and the community, and Parker's likelihood of reoffending. The pre-sentence report and health assessors' reports were taken into account, which indicated that Parker had a high risk of reoffending without appropriate treatment. The court concluded that a finite term of imprisonment would not provide adequate protection for the community, and therefore imposed a sentence of preventive detention on each charge, with a minimum term of imprisonment of seven years.

Final orders:

- Parker is sentenced to preventive detention on each of the 74 charges, with sentences running concurrently.
- A minimum term of imprisonment of seven years is imposed.
- The Registrar is directed to send a copy of the sentencing notes to the Chief Executive of the Department of Corrections and the prison executive in charge of Parker's custody.
- The court recommends that Parker be given appropriate treatment as soon as possible to assist in his rehabilitation.

Orders