ORDERS PROHIBITING PUBLICATION OF NAME, ADDRESS,
OCCUPATION OR IDENTIFYING PARTICULARS OF DEFENDANT PURSUANT TO S 200 OF THE CRIMINAL PROCEDURE ACT 2011 AND OF PARTICULARS OF CONNECTED PERSON (P) PURSUANT TO S 202 OF THE CRIMINAL PROCEDURE ACT 2011. SEE RESPECTIVELY:
align="center">NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011 AND OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE (RESPECTIVELY):
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IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2018-454-19
[2019] NZHC 3144
BETWEEN W
Appellant
AND
THE QUEEN
Respondent
Hearing: 27 November 2019 Counsel:
L A Scott and S W O Campbell for Appellant J A Eng and J M Irwin for Respondent
Judgment:
2 December 2019
JUDGMENT OF ELLIS J
[1] On 17 August 2018, following a Judge alone trial before Judge Rollo,1 W was convicted of 11 charges relating to offending against his former wife (TL) and her twin children (C and L):
1 R v [W] [2018] NZDC 14411 [Conviction decision].
W v R [2019] NZHC 3144 [2 December 2019]
(a)one representative charge of assaulting a child (C);2
(b)two charges of assault with intent to injure (C and L);3
(c)one charge of assault with a weapon (C);4
(d)three representative charges of doing an indecent act on a child under the age of 12 (C);5
(e)one representative charge of threatening to kill (C);6 and
(f)three charges of sexual violation by rape (TL).7
[2] He was discharged or found not guilty on a further eight charges.8 On 19 October 2018, Judge Rollo sentenced W to 13 years’ imprisonment and imposed a six and a half year minimum period of imprisonment (MPI).9 W now appeals both his conviction and sentence.
Background
[3] W was previously married to TL. She had twins from a previous relationship, L and C (now 15 years old). TL and W began their relationship in 2006 and were married in 2008.
2 Crimes Act 1961, s 194(a) [maximum sentence of two years’ imprisonment].
3 Section 193 [maximum sentence of three years’ imprisonment].
4 Section 202C [maximum sentence of five years’ imprisonment].
5 Section 132(3) [maximum sentence of 10 years’ imprisonment].
6 Section 306 [maximum sentence of seven years’ imprisonment].
7 Sections 128(1)(a) and 128B(1) [maximum sentence of 20 years’ imprisonment].
8 W was acquitted on one charge of threatening to kill (TL) on the grounds of “double jeopardy”, and three representative charges of assaulting C were combined into a single representative charge (resulting in two of the original three being dismissed). Another representative charge of assaulting C was dismissed for similar reasons and W was acquitted on two charges of ill-treatment of a child (C and L) because the judge was not satisfied that the Crown had proved a “major departure from the requisite standard of care”. Two…
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