R v Watkins

Case [2015] NZHC 345


NOTE: PUBLICATION OF NAME(S) OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985.

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2012-063-003055 [2015] NZHC 345

THE QUEEN

v

JAMES LELAND WATKINS

Hearing: 4 March 2015

Appearances:

A Gordon for the Crown
M J Hine for the Defendant

Sentencing:

4 March 2015

SENTENCING NOTES OF WOOLFORD J

Solicitors/Counsel:

Crown Solicitor, Rotorua

Families Matter Law Practice, Rotorua

R v WATKINS [2015] NZHC 345 [4 March 2015]

[1]      Mr Watkins, you appear for sentencing on 27 charges.  All relate to sexual offending you committed between 2000 and 2006, against two young girls who were your family friends and neighbours.   You pleaded guilty to the majority of these charges on 17 April 2014. You pleaded guilty to the sexual violation by rape charges on 16 December 2014.

[2]      The majority of these charges are representative.

Offences

[3]      In relation to the first victim, your charges are as follows:

Offence

Section

Maximum penalty

3 x sexual violation by rape

s 128(1)(a) Crimes Act 1961

20 years imprisonment

7 x unlawful sexual connection by digital penetration and oral sexual connection

s 128(1)(b) Crimes Act 1961

20 years imprisonment

1 x indecently assaulting a child under 12

s 133(1)(a) Crimes Act 1961

10 years imprisonment

[4]      In relation to the second victim, your charges are as follows:

Offence

Section

Maximum penalty

3 x sexual violation by rape

s 128(1)(a) Crimes Act 1961

20 years imprisonment

9 x unlawful sexual connection by digital penetration and oral sexual connection

s 128(1)(b) Crimes Act 1961

20 years imprisonment

1 x indecently assaulting a child under 12

s 133(1)(a) Crimes Act 1961

10 years imprisonment

3  x  inducing  an  indecent  act with a girl under 12

S 133(1)(c) Crimes Act 1961

10 years imprisonment

Facts

[5]      Mr Watkins, when you moved to New Zealand you married and settled in the Rotorua  community.    You  were  closely  associated  to  local  churches,  and  held yourself out as a trained pastor and offered counselling services.  At this stage, you became friends with the victims’ family, who were struggling with the ill-health of their child.  You became a trusted counsellor to their child, and you and your wife began to assist the family.

[6]      Over time, you became close.  The family’s two daughters, the victims, were invited to stay at your house while their parents tended to their other child; you and your wife were called “Grandpa” and “Grandma”.1    You regularly had the girls at your house, primarily at separate times, from 2000 until 12 April 2006 when you moved back to the United States of America.  During the time of the offending, you lived in both the Rotorua and nearby areas.

[7]      There are representative charges of sexual offending across this time period. Despite  the  graphic  nature  of  some  of  this  offending,  I  must  describe  it  to demonstrate the extent and seriousness of your offending.

[8]      In 2000, when the victims began to stay over at your Rotorua…

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R v Watkins [2015] NZHC 345
Case
[2015] NZHC 345
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CaseChat Overview and Summary

James Leland Watkins was sentenced by Woolford J for 27 charges of sexual offending against two young girls who were family friends and neighbours. Watkins pleaded guilty to most charges, which related to offences committed between 2000 and 2006. The court had to decide on the appropriate sentence for Watkins taking into account the purposes and principles of sentencing, aggravating and mitigating factors, and relevant case law. The court determined that the starting point for sentencing should be within 16-20 years imprisonment, placing Watkins in Band 4 of the sentencing guidelines. After considering mitigating factors such as Watkins' age, ill-health, and remorse, the court decided on a final sentence of 12 years and three months imprisonment with a minimum non-parole period of five and a half years. This sentence was imposed concurrently on the charges of rape and unlawful sexual connection, and separately on the charges of indecent assault and inducing an indecent act with a girl under 12.

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Background

Background to the litigation

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Evidence

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