R v Reekie CA339/03

In the Court of Appeal of New Zealand, the appellant, Nicholas Paul Alfred Reekie, appeals against the minimum term of imprisonment of 25 years imposed upon him as part of a sentence of preventive detention for serious sexual offending. The appeal focuses on the adequacy of the minimum term, arguing that a term of 17 to 19 years would have been sufficient. The court considered the arguments under three heads: the comparison with other cases, the possibility of rehabilitation, and the parole board's role in assessing risk. The court examined the provisions of section 89 of the Sentencing Act 2002 and relevant case law, ultimately concluding that the 20-year minimum term for reflecting the gravity of the offending was within the sentencing judge's discretion, but an additional five-year term for community safety was not justified. The appeal was allowed, and the minimum term of imprisonment was reduced to 20 years.