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IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2022-463-128
CRI-2022-463-136 [2022] NZHC 2692
BETWEEN SOLICITOR-GENERAL
Applicant/proposed appellant
AND
JAYDEN DESMOND MEYER
Respondent
Hearing: 11 October 2022 Appearances:
MF Laracy and BCL Charmley for the Applicant/proposed appellant
RM Adams and JW Howell for the Respondent
Judgment:
18 October 2022
JUDGMENT OF FITZGERALD J
This judgment was delivered by me on 18 October 2022 at 2.15pm
Registrar/Deputy Registrar
Date……………………………
Solicitors: Crown Law Office, Wellington/Auckland To: R Adams, Tauranga
J Howell, Tauranga
SOLICITOR-GENERAL v MEYER [2022] NZHC 2692 [18 October 2022]
Introduction
[1] Mr Meyer faced a range of charges in the Youth Court for serious sexual offending involving five victims. This included four charges of sexual violation by rape against four of the victims. Mr Meyer was 16 years old at the time of his offending and his victims were 15 years old. Mr Meyer pleaded not guilty to the charges, his position being that the sexual conduct in question was either consensual or he had a reasonable belief in consent. Following trial in the Youth Court, the Youth Court Judge found all of the charges proven.
[2] On the Crown’s application, Mr Meyer was then convicted and transferred to the District Court for sentencing. The District Court Judge (being the same Judge who had presided over the proceedings in the Youth Court) sentenced Mr Meyer to nine months’ home detention (with a range of special conditions), 12 months’ post-detention conditions, together with judicial monitoring.
[3] The Solicitor-General considers the sentence is manifestly inadequate and that it requires correction on appeal. The appeal was filed some six weeks out of time and accordingly leave to appeal is required. An unusual feature of this case is that the Crown’s position throughout the proceedings in the lower courts was that a sentence of imprisonment was not appropriate. It endorsed a sentence of home detention.
[4] As at the date of this judgment, Mr Meyer has served just over three months of his nine-month sentence of home detention, and is approximately six months through a 12 month youth sexual offending rehabilitative programme.
Background – Mr Meyer’s offending
[5]The charges against Mr Meyer comprised the following:
(a)sexual violation by rape x 4;1
(b)sexual violation by unlawful sexual connection (anal) x 1;2
1 Crimes Act 1961, ss 128(1)(a) and 128B. Maximum penalty 20 years’ imprisonment.
2 Sections 128(1)(b) and 128B. Maximum penalty 20 years’ imprisonment.
(c)sexual violation by unlawful sexual connection (oral) x 1;3
(d)sexual violation by unlawful sexual connection (digital) x 2;4 and
(e)indecent assault x 2.5
[6] As noted, Mr Meyer’s offending was against five victims, to whom I will refer in this judgment as S, T, U, V and W. As also noted, all were aged 15 years at…
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- [2022] NZHC 2692
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