R v Smith

The case of R v Smith before the High Court of New Zealand involved the sentencing of Steven Colin Smith on ten charges to which he had pleaded guilty. The charges included sexual violation by rape, sexual violation by unlawful sexual connection, and indecent assault on a person under the age of 16. The offenses were committed between 1989 and 2009 against three victims, K, T, and J, with Smith's history indicating a clear propensity for sexual offending against young girls. The maximum penalties for these offenses ranged from 6 months to 20 years imprisonment, depending on the nature and timing of the offenses.

The court had to determine the appropriate starting point for sentencing, considering the culpability inherent in Smith's offending and adjusting this starting point for factors relating to him personally. The court also had to consider the impact of Smith's guilty plea on his sentence. The Crown and defense counsel agreed on a "holistic" starting point that reflected the wrongdoing in all of Smith's offending, with all sentences to be concurrent.

The court found that Smith's offending fell within the most serious band (band 3) as it involved multiple sexual violations, premeditation, and grooming of one of the victims. The court set a starting point of 13 years and 6 months for the sexual violation charges and uplifted this by a further 6 months for the indecent assaults on T, resulting in a total starting point of 14 years. Taking into account Smith's guilty plea, the court decided on a 15% discount, resulting in a total sentence of 12 years imprisonment. The court imposed concurrent sentences for all charges, with the longest sentence being 12 years for the sexual violation against K and 8 years for the sexual violation against J, and 6 months for the indecent assaults on T.

The final orders of the court were that Steven Colin Smith be sentenced to 12 years imprisonment on the sexual violation charge against K, 12 years concurrently for the other sexual violation charges against K and T, 8 years concurrently for the sexual violation against J, and 6 months concurrently for the indecent assaults against T. The sentences were to be served concurrently, with the longest sentence being 12 years imprisonment.