R v Thompson

In the High Court of New Zealand, Gordon J sentenced Johnathon Barry Thompson for a charge of sexual violation by rape. Thompson had pleaded guilty to raping a 26-year-old woman who was asleep in the back of a van. The court had to decide on an appropriate sentence considering the severity of the crime, Thompson’s criminal history, and his potential risk to reoffend. The court also had to decide whether to impose a sentence of preventive detention, given Thompson's history of sexual offenses and the risk he posed to the community.

The court first determined an appropriate finite sentence by setting a starting point for the sentence, adjusting it based on personal circumstances, and considering a discount for Thompson's guilty plea. The court then considered whether to impose a sentence of preventive detention, weighing the risk Thompson posed to the community against the principle that a lengthy determinate sentence is preferable if it provides adequate protection for society. The court concluded that a sentence of preventive detention was not necessary for the protection of the community, provided Thompson undertook appropriate programs to address his sexual offending.

The court sentenced Thompson to seven years and two months’ imprisonment on the charge of sexual violation by rape, requiring him to serve 60 per cent of that sentence before being eligible for parole. The court also ordered Thompson to pay $5,000 in reparations to the victim.