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IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA
KIRIKIRIROA ROHECRI-2019-019-003516 [2022] NZHC 133
THE QUEEN v
NICHOLAS BRIAN WYATT
Hearing: 9 February 2022 Appearances:
R Guthrie for Crown G Walsh for Defendant
Judgment:
9 February 2022
SENTENCING NOTES OF VENNING J
Solicitors: Hamilton Legal, Hamilton Counsel: G Walsh, Hamilton
R v WYATT [2022] NZHC 133 [9 February 2022]
[1] Nicholas Wyatt, you appear for sentence in this Court having pleaded guilty to meeting a young person following sexual grooming and to two representative charges of sexual conduct with a young person under 16. The District Court Judge who took the pleas convicted you and remanded you to this Court for sentence.
[2] The maximum penalty for the sexual conduct offending is 10 years’ imprisonment.
[3] I note the Crown does not offer any evidence on the remaining charges in the charge notice and you are discharged in relation to them.1
[4] I am to sentence you on the basis of the summary of facts you pleaded guilty to.
[5] That discloses that in May 2016 you commenced a romantic relationship with the victim’s older sister. The relationship only lasted a short period of time. During the course of that relationship you were introduced to the victim who at the time was 13 years old. You were 31 or 32.
[6] On one occasion you were at the victim’s home socialising with her parents. As she walked past, you slapped her on the buttocks. The following day you added her as a ‘friend’ on Facebook. You also started following the victim on Instagram, and began to contact her on the social media application Hangouts. You contacted her via social media on a daily basis.
[7] In June 2018 you saw the victim walking to school. She was 15 at the time. You offered to give her a ride to school. During that drive to school you kissed her and proceeded to rub and touch her legs. The victim attempted to push you away, however, you were persistent and kept touching her legs. You eventually dropped her at school. From then on, you contacted the victim suggesting times and dates when you could meet up either before or after school. At first she was reluctant to meet with you. However, you insisted on meeting her and offered her alternative times and dates to do so. She eventually agreed to meet.
1 Discharged on charges 2, 3, 4, 5 and 6 of the Charge Notice, dated 5 February 2021.
[8]The sexual offending occurred between June 2018 and September 2018.
[9] On the first occasion you had sexual intercourse with the victim, you met her after school and took her to a secluded location, parked the car, removed her clothing and had sexual intercourse with her in the back of the car.
[10] After…
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- R v Wyatt [2022] NZHC 133
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- [2022] NZHC 133
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CaseChat Overview and Summary
The final orders of the court were that Nicholas Brian Wyatt be sentenced to preventive detention, with a minimum term of five years' imprisonment, on the charges of meeting a young person following sexual grooming and sexual conduct with a young person under 16 years of age.
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