R v Thompson - [2014] NZHC 1683

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-092-001618
CRI-2013-092-005015
CRI-2013-092-005016

CRI-2014-092-004446 [2014] NZHC 1683

THE QUEEN

v

MERVYN DANIEL THOMPSON

Hearing: 15 July 2014

Appearances:

Robin McCoubrey for the Crown
Stephanie Cowdell for the Prisoner

Judgment:

15 July 2014

SENTENCING NOTES OF MOORE J

Introduction

[1] Mervyn Daniel Thompson, you appear this morning for sentence having pleaded guilty on 13 May 2014 to:

(a) three charges of sexual violation by rape;

(b) six charges of sexual violation by unlawful sexual connection; and

(c) one charge of attempting to pervert the course of justice.

[2] Sexual violation, whether by rape or by other sexual connection, carries a maximum penalty of 20 years imprisonment. The charge of attempting to pervert the
course of justice carries a maximum penalty of seven years imprisonment.

R v THOMPSON [2014] NZHC 1683 [15 July 2014]

Factual background

Sexual violation

[3]      The agreed summary of facts sets out the circumstances and details of your sexual offending which gives rise to the nine charges of sexual violation. These took place across three separate events occurring on 9 May 2010, 9 June 2012 and
6 February 2013. I shall deal with each in turn. (a)     Incident 1 - 9 May 2010
In the early hours of the morning of 9 May 2010 a 30 year old sex worker was working at a car park at South Mall. You spoke with her. She agreed to have sex with you.   You took her to an area nearby where you pulled a knife and said to her, “Don’t scream or I’ll slit your throat”. You demanded that she take her clothes off and when she took what you thought was too long to comply with that instruction, you punched and kicked her.   She was understandably terrified.
You performed oral sex on her while holding a knife against her thigh. You raped her while you held the same knife to her upper chest and throat. You undertook this manoeuvre with such force you choked her with your left hand causing her to lose consciousness. You forced her to submit to other acts, including oral sex, before raping her again.
When it began to rain you released your grip sufficiently for her to get up and escape.   She ran away screaming and was rescued by a security guard who gave chase but failed to catch up with you.

(b) Incident 2 – 9 June 2012

At about 11:00 pm on 9 June 2012 a 22 year old sex worker was at South Mall. She was approached by you in your car. After a brief discussion she agreed to have sex with you. You drove her to a car

park at the Manurewa Community Pools. When you arrived, you pulled a knife on her and demanded that she remove her clothes. Fearing for her life she obliged.

You then forced her to perform oral sex on you before raping her. All the while you were holding the knife and pressing it against her…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Thompson

Details

AGLC: R v Thompson [2014] NZHC 1683
Case: [2014] NZHC 1683
Decision Date: 15 July 2014

CaseChat Overview and Summary

Mervyn Daniel Thompson was sentenced in the High Court of New Zealand for multiple counts of sexual violation and an attempt to pervert the course of justice. The defendant pleaded guilty to three charges of sexual violation by rape, six charges of sexual violation by unlawful sexual connection, and one charge of attempting to pervert the course of justice. The court had to determine the appropriate sentence considering the nature and gravity of the offenses, as well as the defendant's personal circumstances and the principles of sentencing.

The legal issues involved assessing the appropriate starting point for the sexual offenses, taking into account the planning, premeditation, and violence involved. The court also had to consider the charge of attempting to pervert the course of justice, which involved threats and deception to dissuade the victims from testifying. Additionally, the court needed to weigh the aggravating and mitigating factors, including the defendant's previous convictions, remorse, and guilty plea. The Crown and defence presented their respective submissions on the appropriate sentence, including the starting point, uplifts, discounts, and the minimum term of imprisonment.

The court found that the sexual offenses were highly premeditated and involved significant violence, warranting a starting point of 12 years. The attempt to pervert the course of justice warranted a starting point of three years, which was to be served cumulatively. The court applied discounts for the defendant's guilty plea and some level of remorse, leading to a final sentence of 13 years and 7 months' imprisonment, with a minimum term of 8 years. The court emphasized the importance of holding the defendant accountable, denouncing the conduct, and protecting the community.

Orders