NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY SECTION 139 OF THE CRIMINAL JUSTICE ACT 1985.
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI-2014-485-22 [2014] NZHC 3014
THE QUEEN
v
NARAYAN PRASAD
Hearing: 28 November 2014 Counsel:
K S Grau for Crown
M J Phelps for defendantSentence:
28 November 2014
SENTENCING NOTES OF DOBSON J
[1] Mr Prasad, you have been found guilty at trial of:
(a) three charges of inducing a girl under the age of 12 to do an indecent act upon you (two of those being representative charges);1
(b) one charge of indecently assaulting a girl under the age of 12;2 and
(c) one charge of sexual violation by rape.3
1 Crimes Act 1961, s 133(1)(c).
2 Section 133(1)(a).
3 Section 128(1)(a).
R v PRASAD [2014] NZHC 3014 [28 November 2014]
[2] I note at the outset that you were sentenced on these and a larger number of related charges in 2012. The convictions that formed the basis of that sentence were overturned on appeal, and after two retrials you have now been convicted of a smaller subset of the earlier convictions. I have only paid minor attention to the sentence imposed on you in 2012 in order to uphold the principle of consistency in
sentencing.4 Otherwise I have approached the sentencing exercise entirely afresh.
Circumstances of offending
[3] Now as to the circumstances of the offending, there were three victims of your offending. All were aged under 12 at the time of the offending against them. They all knew and trusted you.
[4] First, JW. Over more than two years between 1978 and 1980 you induced JW to touch and to suck your penis on multiple occasions. It was especially degrading because you held her head, forcing her to gag, and you ejaculated into her mouth. At the time she was most likely aged between about seven and nine years old. That offending took place in your house and at a nearby beach.
[5] The second complainant, I will call BW. On a single occasion with her between 1980 and 1985 you induced BW to stroke your penis. At the time she was aged between six and 11 years old and the offending took place on the couch at your home.
[6] Third, the youngest of the complainants, I will call AB. On a single occasion between 1995 and 1997 you indecently assaulted AB by kissing her and inserting your tongue into her mouth. At the time she was aged between four and seven years old. On another occasion you raped AB in a bedroom at your house. Her enduring memory is that it was very painful. You left her, in some discomfort, to clean herself up and go to bed. She was just six years old or thereabouts.
[7] You continue to deny that any of this offending occurred, but you must understand by now that a jury has found you guilty on these charges. Your denial is
4…
Continue reading R v Prasad
Sign in free to access the full text
- AGLC
- R v Prasad [2014] NZHC 3014
- Case
- [2014] NZHC 3014
- Decision Date
CaseChat Overview and Summary
The court began by outlining the nature and circumstances of the offending, which involved three victims under the age of 12. The court then examined the aggravating and mitigating features of the offending, ultimately determining that there were two aggravating features to a high degree, and two others to a moderate and mild degree respectively. The court considered comparable cases and determined that the offending placed the defendant towards the upper end of band two of the bands in R v AM, attracting starting points between seven and 13 years' imprisonment. The court decided on a starting point of 10 years and 6 months for the rape conviction and a starting point of three years' imprisonment for the other convictions, which would be served concurrently.
In terms of personal factors, the court found that the defendant was not eligible for a discount for lack of relevant convictions or previous good character, but also decided not to uplift the sentence for any previous convictions. The court further considered the defendant's ill health but found that it could be adequately managed in prison. Finally, the court decided not to impose a minimum period of imprisonment.
The court sentenced the defendant to 11 years and 6 months' imprisonment on the count of sexual violation by rape, and three years' imprisonment on the four counts of indecency, to be served concurrently. The defendant would serve a maximum of 11 years and 6 months in prison.
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.