NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS, OF COMPLAINANTS PROHIBITED BY S
203 OF THE CRIMINAL PROCEDURE ACT 2011.
IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY
CRI-2013-006-000322 [2014] NZHC 1654
THE QUEEN
v
PENISIMANI TAAKIMOEAKA
Counsel: J M Webber for Crown
R A Harrison for Prisoner
Sentence:
18 July 2014
NOTES ON SENTENCE OF COLLINS J
Introduction
[1] Mr Taakimoeaka, you appear for sentence in relation to five charges:
(1) Three charges of indecent assault.1 The maximum penalty for these
offences is seven years’ imprisonment;
(2) Assault with intent to commit sexual violation by rape.2 The
maximum penalty is 10 years’ imprisonment; and
(3) Sexual violation by unlawful sexual connection.3 The maximum
penalty is 20 years’ imprisonment.
1 Crimes Act 1961, s 135.
2 Section 129.
3 Section 128B.
R v TAAKIMOEAKA [2014] NZHC 1654 [18 July 2014]
[2] You were found guilty of these charges by a jury in the Blenheim District Court. The District Court Judge has transferred your case to this Court so that a sentence of preventive detention can be considered.
[3] I have carefully considered a sentence of preventive detention. I have, however, concluded that a long finite sentence with a minimum period of imprisonment is the appropriate sentence for you. I will therefore not be sentencing you to preventive detention.
[4] In sentencing you, I shall explain: (1) your offending;
(2) your previous convictions;
(3) the starting point I have adopted;
(4)the adjustments I have made to the starting point to reflect the totality of your offending and your previous convictions;
(5) your personal circumstances;
(6) why I am not imposing a sentence of preventive detention;
(7) the minimum period of imprisonment that you must serve; and
(8) your final sentence.
Your offending
[5] In March last year you entered a home in Picton at 3.30 am by climbing through a window. Two 16 year old girls were asleep in one of the bedrooms of the house. You took one of those girls into a spare room and placed her on a bed and inserted your finger into her vagina. You took her into that room for the purposes of raping her. She managed to escape back to the bedroom which she shared with the
second victim. You followed her back into that room where you groped the thigh of the second victim. You only stopped your offending when a male occupant of the house came into the room in response to the girls’ screams.
[6] I have read the victim impact statements written by the young women who you attacked. It is clear they have been emotionally devastated by your offending.
Your previous relevant convictions
[7] One night in March 2005 you engaged in serious sexual offending, which resulted in you being convicted of sexual violation by unlawful sexual connection, rape and attempted sexual violation by unlawful sexual connection. Your victim on that occasion was also a vulnerable 16 year old girl. You broke into the home where she…
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- R v Taakimoeaka [2014] NZHC 1654
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- [2014] NZHC 1654
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