R v Toru

The defendant, Teina Toru, was convicted on 15 charges related to violent and sexual offences against his partner, as well as one charge of attempting to pervert the course of justice. The court had to decide the appropriate sentences for these offences, which were committed over a period of three days. The most serious offences were two counts of rape, three counts of sexual violation by unlawful sexual connection, and two counts of kidnapping. The court also had to consider the defendant's attempt to pervert the course of justice.

In determining the sentences, the court considered the seriousness of the offences, the culpability factors present, and the need to ensure that the total sentence was proportionate to the overall criminality. The court calculated concurrent sentences for the offences committed on 19 July 2017, and added an uplift for the offences committed on 21 July. The court also imposed a separate cumulative sentence for the charge of attempting to pervert the course of justice. The court took into account the complainant's wishes, but ultimately decided that the nature and extent of the offending warranted a prison sentence.

The court imposed a total sentence of 12 years and nine months' imprisonment, comprised of concurrent sentences for the offences committed on 19 and 21 July 2017 of 11 years and six months' imprisonment, and a separate cumulative sentence of 15 months' imprisonment on the charge of attempting to pervert the course of justice. The court also issued a first strike warning to the defendant.

The court did not impose a minimum period of imprisonment, as it was satisfied that the defendant would demonstrate a commitment to rehabilitation and participate in available courses in prison. The court allocated specific sentences to each of the convictions, ensuring that the overall length of the sentence was proportionate to the overall criminality.