Solicitor-General v Rawat

[2021] NZHC 2129

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

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CRI 2021-485-36

[2021] NZHC 2129

BETWEEN

SOLICITOR-GENERAL

Appellant

AND

CHAMAN RAWAT

Respondent

Hearing:	15 July 2021
Counsel:	B C L Charmley for Appellant B J Hunt for Respondent
Judgment:	16 August 2021

JUDGMENT OF MALLON J
Table of contents
Introduction	[1]
Factual background	[3]
Victim impact	[10]
Personal circumstances	[11]
District Court decision	[19]
Starting point	[27]
Mitigating factors	[37]
Guilty plea	[39]
Youth	[40]
Good character	[44]
Remorse/amends	[47]
Respondent’s daughter	[52]
Notional end sentence	[54]
Home detention	[55]
Result	[64]

SOLICITOR-GENERAL v RAWAT [2021] NZHC 2129 [16 August 2021]

Introduction

[1]                 The respondent pleaded guilty to a representative charge of rape and a representative charge of doing an indecent act on a young person.1 He was sentenced in the District Court to 12 months’ home detention, subject to standard and special conditions to apply for a further six months, and $5,000 reparations.2 An order was also made for the respondent’s name to be placed on the Child Sex Offender Register.

[2]                 The Crown appeals this sentence. It says it is manifestly inadequate because the sentencing Judge:3

(a)applied a starting point that was too low;

(b)applied excessive discounts for mitigating factors; and

(c)erred in imposing home detention.

Factual background

[3]                 The 11-year-old complainant (R) moved to New Zealand [redacted] with her family. The respondent (aged 18 at the time) [redacted]. He began sexually offending against R shortly after the family’s arrival.

[4]                 The first occasion took place in July 2008. The respondent picked R up after school. He told her to text her parents that she had late classes. He then drove her to his family’s home, took her to his bedroom, pulled down her pants and underwear, put a condom on and proceeded to rape her for 15 to 20 minutes. Afterward he said “You’re not going to tell your mum and dad about this are you?”

1      Crimes Act 1961, ss 128(1)(a) (maximum penalty 20 years’ imprisonment) and 134(3) (maximum penalty seven years’ imprisonment).

2      R v Rawat [2021] NZDC 9261 (Judge Davidson).

3      The Crown brings the appeal under the Criminal Procedure Act 2011, ss 246(1) and 247(1)(c).

[5]                 A month later, he and R were in R’s bedroom. The respondent showed her pornographic videos then pushed her onto her bed, climbed on top and kissed her for 10 minutes.

[6]                 A month later, the respondent was staying the night at R’s family’s home. Around midnight he went to the couch where R slept, lay on top of her and masturbated. He ejaculated onto her torso then told her to go and clean herself up.

[7]                 In April 2009, when R was 12 years old and the respondent was 19, the respondent drove R to his family’s workplace. During the car ride he said how much…