R v Peta

Case [2007] NZCA 28


For a Court ready (fee required) version please follow this link

NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 139 CRIMINAL JUSTICE ACT 1985.

˝

IN THE COURT OF APPEAL OF NEW ZEALAND

CA48/06 [2007] NZCA 28

THE QUEEN

v

JACOB RANGAITI PETA

Hearing:         18 July 2006 and 30 November 2006

Court:            Glazebrook, Chisholm and Wild JJ Counsel:    G P Mason for Appellant

S B Edwards for the Crown

Judgment:      28 February 2007         at 2pm

JUDGMENT OF THE COURT

The appeal is allowed and the extended supervision order imposed on Mr Peta

is quashed.

REASONS OF THE COURT

(Given by Glazebrook J)

R V PETA CA CA48/06  28 February 2007

Table of Contents

Para No

Introduction   [1] Overview of the ESO regime   [5] Assessment methodology used by health assessors  [15] Static-AS or Automated Sexual Recidivism Scale (ASRS)  [17]

Sex Offender Needs Assessment Rating (SONAR)  [31] The revised psychopathy checklist (PCL-R) and sexual deviancy       [39] Other relevant factors  [44]

Best practice in risk assessment  [50] Why we had to deal with the matter afresh  [55] The effect of the new evidence on the original health

assessor’s report  [62]

Mr Peta’s ASRS score  [62] The effect of the lack of previous convictions and boy victims            [77] The alleged double counting of violent offences  [82]

The assessment of Mr Peta performed by Dr Vess  [85]

Is an ESO justified based on the evidence now before

the Court?  [95]

Result  [105]

Introduction

[1]      Mr Peta is not what is colloquially known as a decent law abiding citizen. Even as a juvenile he had extensive criminal convictions, beginning in 1999 with an aggravated robbery at the age of 14.  As an adult, Mr Peta has been convicted of a variety of offences, including theft, assault, possession of a pistol, unlawful interference with a motor vehicle, escape from custody, possession of cannabis and, the most relevant convictions for this appeal, two counts of committing an indecent act with a girl under 12.

[2]      The question for this appeal is whether Mr Peta should be subject to an extended supervision order (ESO) for the next ten years due to  the risk he poses of sexually  re-offending  against  children.     Judge  Dawson  imposed  the  ESO  on

5 January  2006  after  considering  a  report  by  a  senior  psychologist  from  the Department of Corrections.  We began hearing Mr Peta’s appeal from that decision on 18 July 2006.   By minute of 31 July 2006, we informed the parties that we considered that the reasons given by the Judge for the imposition of an ESO were so inadequate that the matter had to be reconsidered afresh.  As an appeal against the

imposition of an ESO is treated as an appeal against sentence (see s 107R(2) of the Parole Act 2002 (the Act)) and as we have no power to remit a sentence for reconsideration, this Court was obliged to deal with the matter itself: see s 385(3) of the Crimes Act 1961.

[3]      On the evidence that was before…

Continue reading R v Peta

Sign in free to access the full text

Details
AGLC
R v Peta [2007] NZCA 28
Case
[2007] NZCA 28
Decision Date

CaseChat Overview and Summary

The appellant, Jacob Rangaiti Peta, appeals against the decision of Judge Dawson to impose an extended supervision order (ESO) on him for the next ten years on the basis that he posed a real and ongoing risk of committing sexual offences against children. The ESO was imposed on 5 January 2006. The Court of Appeal heard Mr Peta's appeal on 18 July 2006 and, after hearing further evidence and submissions from the parties on 30 November 2006, allowed the appeal and quashed the ESO on 28 February 2007. The Court found that the reasons given by the Judge for the imposition of an ESO were so inadequate that the matter had to be reconsidered afresh. The Court found that, on the evidence now before it, Mr Peta's risk of sexual recidivism against children was not such to justify the imposition of an ESO. The Court found that the risk of relevant offending by Mr Peta was not both real, ongoing and one that could not sensibly be ignored having regard to the nature and gravity of the likely re-offending.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.