IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
CRI-2012-020-1308 [2012] NZHC 2602
THE QUEEN
v
MATTHEW JAMES SHIRLEY
Hearing: 9 October 2012
Counsel: J Rielly for the Crown
E J Forster for Mr Shirley
Judgment: 9 October 2012
SENTENCE OF WOODHOUSE J
Solicitors / Counsel:
Mrs J Rielly, Elvidge & Partners, Office of the Crown Solicitor, Napier
Mr E J Forster, Barrister, Hastings
R V SHIRLEY HC NAP CRI-2012-020-1308 [9 October 2012]
[1] Mr Shirley, you may be seated while I explain the sentence.
[2] The critical question on this sentence is whether you should be sentenced to a long but finite period of imprisonment or whether you should be sentenced to preventive detention. And you are, of course, well aware of that. I want to state at the outset that I am not going to sentence you to preventive detention. I need to take some time to explain the reasons. I want to explain those reasons to you because I really do hope that you listen with care to what I have to say and then in due course take advantage of all of the assistance that will be available to you, and which you have said you will take advantage of. I also have to explain this sentence to others – most directly to the victims of what are appalling offences by you. And I have to explain why I am doing this to the community as a whole.
[3] You appear for sentence on four charges to which you pleaded guilty. These are sexual offences against two young girls, aged 10 and 11.
[4] There are two offences of sexual violation, one by rape and one by unlawful sexual connection. These offences have a maximum penalty of 20 years imprisonment. There are two offences of doing an indecent act on a child under 12. The maximum penalty is 10 years imprisonment.
[5] You were to be sentenced in the District Court, but that Court referred the sentence to this Court to determine whether a sentence of preventive detention should be imposed. It is completely understandable why the District Court did that.
Facts
[6] The victims are sisters. I will refer to them as A and B. When these offences occurred, in April 2012, A was aged 10 and B was aged just 11. They live with their mother.
[7] You had known their mother for some time. In April 2012 you arrived in their home town and asked their mother if you could stay with her. You had been
released from prison about three weeks earlier and told the mother that you had no means of supporting yourself. There was a friendship between you and the mother.
[8] On a Wednesday in April the mother told you that she was going out the following Friday and she would get a babysitter to look after the children. You told her that you would babysit. You told her she deserved a night out.
[9] During the afternoon of…
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- R v Shirley [2012] NZHC 2602
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- [2012] NZHC 2602
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