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R v Parkinson

R v Parkinson

Case [2018] NZHC 1287 1 June 2018

Aggravated & Exemplary Damages

Child Protection

Three Strikes Law

Criminal Law

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

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CRI-2015-059-873

[2018] NZHC 1287

THE QUEEN

v

RICHARD JAMES PARKINSON

Hearing: 1 June 2018

Appearances:

C Wilkinson-Smith for the Crown

C P Brosnahan and L Scott for the Defendant

Date:

1 June 2018

SENTENCING OF CULL J

[1]Mr Parkinson, you appear for sentence today in relation to seven charges:

(a)one charge of attempted sexual connection with a child;1

(b)two representative charges of indecent act on a child;2

(c)two representative charges of indecent act on a young person;3

1      Crimes Act 1961, s 132(2). Maximum penalty is 10 years’ imprisonment.
2      Section 132(3). Maximum penalty is 10 years’ imprisonment.
3      Section 134(3). Maximum penalty is seven years’ imprisonment.

R v PARKINSON [2018] NZHC 1287 [1 June 2018]

(d)one charge of sexual connection with a young person;4 and

(e)one representative charge of possessing objectionable material.5

[2] You pleaded guilty to these charges on 2 March 2018, which was at the end of the third week of a judge-alone trial at the close of the prosecution case.

[3] Convictions were not entered in relation to these charges at the time of the pleas and I enter the convictions for these charges now.

[4]In sentencing you today I am going to explain:

(a)your offending;

(b)your personal circumstances;

(c)the sentencing process;

(d)the starting point I have adopted and why;

(e)the adjustments I have made to the starting point to reflect the totality of your offending, your personal circumstances and guilty plea;

(f)the minimum period of imprisonment you must serve;

(g)your final sentence; and

(h)the consequences for you of your offending.

4 Section 134(1). Maximum penalty is 10 years’ imprisonment.
5 Films, Videos and Publications Classifications Act 1993, s 131A(1). Maximum penalty is 10 years’ imprisonment or $50,000 fine.

Your offending

[5] There are four victims in this case: I am going to refer to them simply as J, P, C and S. Your offending can be dealt with chronologically and broken into three groups.

Offending against J and P

[6] You committed the first group of offending against two young girls, J and P, between 1 July 2008 and 14 August 2010. This group of offending includes the charge of attempted sexual connection with a child and the two representative charges of indecent act on a child. At the time of this offending, you were between ages 34 and 36 years of age, while the victims were between 7 and 11 years of age. You would babysit the victims at your house, where you lived with your wife and daughter at the time.

[7] In relation to the indecent assault offending, you offered the victims alcohol and indecently assaulted both victims on at least five occasions, by touching their buttocks and genitalia. On one occasion, you removed P’s clothes, including her underpants, exposed her vagina and put…

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 Parkinson

Details

AGLC: R v Parkinson [2018] NZHC 1287
Case: [2018] NZHC 1287
Decision Date: 1 June 2018

CaseChat Overview and Summary

Richard James Parkinson was sentenced in the High Court at Wanganui on charges of attempted sexual connection with a child, indecent acts on a child and young person, sexual connection with a young person and possessing objectionable material. The offending occurred against four victims over several years. The court considered the gravity of the offending, the vulnerability of the victims, the breach of trust and the harm caused. The court set separate starting points for the offending against the two sets of victims and applied a cumulative approach. The court also considered personal mitigating factors, such as Parkinson's own history of sexual abuse, mental health issues and willingness to engage in treatment. After applying discounts for the guilty plea and other factors, the court sentenced Parkinson to six years' imprisonment, with a minimum non-parole period of three years. The court also imposed consequences under the three strikes legislation and required Parkinson to register on the Child Sex Offender Register.

The key issues were the appropriate starting point for each group of offending, the aggravating and mitigating factors to be considered, and the final sentence that would achieve the purposes of sentencing. The court carefully balanced the seriousness of the offending against the personal circumstances of the offender, particularly his own history of abuse and willingness to engage in treatment. The final sentence sought to hold Parkinson accountable, denounce the offending, deter others and protect the community, while also providing an opportunity for rehabilitation. The court emphasised the importance of Parkinson receiving treatment in prison to address his offending-related issues and reduce his risk of reoffending.

Orders