R v Pateman

The case of R v Pateman was heard in the High Court of New Zealand, New Plymouth Registry. The defendant, Keith Charles Pateman, pleaded guilty to multiple charges of sexual conduct with a child under 12, sexual violation by unlawful sexual connection, and sexual violation by rape. The legal issues before the court included determining the appropriate starting point for sentencing, considering the defendant's personal circumstances, evaluating his risk of reoffending, and deciding whether preventive detention was warranted to protect the community. The court also considered the victim impact statements, the defendant's previous conviction, and the pre-sentence reports.

The court began by outlining the facts of the case, which involved the defendant engaging in sexual activities with a 12-year-old victim over a period of time. The victim's family described the profound impact of the offending on their daughter, who had to attend counselling sessions and had become frightened and angry. The defendant had a previous conviction for unlawful sexual connection with a child, for which he had completed a rehabilitative programme. The pre-sentence reports indicated that the defendant had a moderate to high risk of reoffending but expressed remorse and a desire to undertake further treatment.

The court considered the defendant's personal circumstances, including his age, health issues, and previous rehabilitation efforts. The psychiatrist noted that while the defendant had a moderate to high risk of reoffending, further assessment and intervention could substantially modify that risk. The court also took into account the possibility of imposing an Extended Supervision Order at the time of release, which would address remaining concerns regarding risk.

Ultimately, the court decided that preventive detention was not warranted as a lengthy determinate sentence, accompanied by appropriate forensic assessments and rehabilitation programmes, would provide sufficient protection for the community. The court set a starting point of 12 and a half years' imprisonment, adjusted for the defendant's previous conviction and guilty plea, resulting in a sentence of nine years and nine months' imprisonment. The court also imposed a minimum period of imprisonment of five years and ordered the defendant to be registered on the Child Sex Offender Register.