Savage v The Queen

Case [2016] NZHC 1330


NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS, OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-000020 [2016] NZHC 1330

BETWEEN

BRETT ALAN SAVAGE

Appellant

AND

THE QUEEN Respondent

Hearing: 14 June 2016

Appearances:

A G James for Appellant
AMS Williams for Respondent

Judgment:

20 June 2016

JUDGMENT OF GENDALL J

Introduction

[1]      On 2 March 2016, Judge Farish in the District Court sentenced the appellant to nine years’ imprisonment on 10 charges of sexual offending.  These charges can be categorised as follows:

(a)       Two representative charges of sexual violation by rape, each carrying a maximum penalty of 20 years imprisonment.1

(b)Five charges of sexual violation by unlawful sexual connection (most of  which  are  representative  charges),  each  carrying  a  maximum

penalty of 20 years imprisonment.2

1      Crimes Act 1961, s 128(1)(a).

2      Section 128(1)(b) and 128B.

(c)      Two charges of sexual conduct with a young person between the ages of 12 and 16, each carrying a maximum penalty of 10 years imprisonment.3

(d)One charge of sexual conduct with a child under 12 year, carrying a maximum penalty of seven years.4

[2]      The  appellant  now  appeals  on  the  basis  that  the  sentence  imposed  is manifestly excessive and unjust.  Counsel for the appellant submits that the starting point of 14 years was too high and that the discounts for personal mitigating factors were insufficient.

Background

[3]      The offending was against three victims.  The first is […] who was […] years old at the time of the 2011/2012 offending against her, she being […]. As to the first charge of sexual violation by rape of this complainant, whilst the appellant was in a seated position […], […] sat on top of him.  The appellant then proceeded to place his erect penis between her legs and onto her vagina.   The appellant moved the victim’s body up and down on top of himself so his penis was moving between her labia against the entrance of her vagina.   The appellant stopped near the point of ejaculation  and  went  to  masturbate  into  the  toilet.    Whilst  this  was  happening, another victim, […], was in the room on the couch next to them witnessing the entire episode.

[4]      On another occasion, the appellant had put his hand down […]’s pants and began rubbing her vagina and clitoris for five to 10 minutes.  He attempted to insert a finger into […]’s vagina, but she said “oww” so he stopped.  However, he continued to rub her vagina and clitoris.

[5]      The second victim was […] who was aged […] at the time of the 2014/2015 incidents in question involving her.   The appellant was […] up to the time of the

offending.    […]  suffered  the  most  severe  abuse  of  all  three  victims.    Between

3      Section 132(3).

4      Section 134(3).

February 2014 and May 2015, there were numerous instances when the appellant would have […].   On at least 10 occasions, the appellant would undress […] and digitally penetrate her…

Continue reading Savage v The Queen

Sign in free to access the full text

Details
AGLC
Savage v The Queen [2016] NZHC 1330
Case
[2016] NZHC 1330
Decision Date

CaseChat Overview and Summary

In the High Court of New Zealand, Brett Alan Savage appeals against his nine-year imprisonment sentence for various sexual offences against three victims. The appellant contends the sentence is manifestly excessive and unjust, arguing the starting point was too high and discounts for personal mitigating factors were insufficient. The court considers the nature and severity of the offences, the vulnerability of the victims, the breach of trust, the effect on the victims and their families, the presence of multiple complainants, and premeditation and grooming. The court finds the starting point of 14 years imprisonment appropriate, considering the culpability assessment factors present to a high or significant degree. The court also finds the discounts for the appellant's good character, remorse, co-operation, and guilty plea to be within range, if not generous. The appeal is dismissed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.