Williams v Police - [2023] NZHC 1935

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2023-443-13

[2023] NZHC 1935

BETWEEN
BARRIE JOHN WILLIAMS

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 4 July 2023

Appearances:

N P Bourke for the Appellant H Bullock for the Respondent

Judgment:

21 July 2023

JUDGMENT OF PALMER J

Counsel/Solicitors
N P Bourke, Barrister, New Plymouth C & M Legal, New Plymouth

WILLIAMS v NEW ZEALAND POLICE [2023] NZHC 1935 [21 July 2023]

What happened?

[1] In November 2022, Mr Barrie Williams, who was then 40 years old, worked at the same place as the then 14-year-old complainant. From 15 November 2022, he sent her messages via social media complimenting her at every opportunity and often asked her for “fit checks” or pictures of her outfits. In response to one, Mr Williams replied “[l]ooking at your snaps trying to not look too hard at your chest”. The complainant felt uncomfortable and ceased contact at the time. On 18 November 2022, Mr Williams approached the complainant at work and said “[s]o are you going to keep me up all night again …?”. The complainant felt uncomfortable and went home. Later the same evening, Mr Williams sent the complainant multiple photos on Snapchat including of him with his jeans unzipped exposing his underwear showing an outline of his genitalia. He also sent her two photographs of him lying fully naked on his stomach, and a selfie with a naked upper torso. Mr Williams told the Police he knew the complainant was 14 and knew what he sent was indecent. He pleaded guilty to one charge of indecent communication with a young person.

[2] In 2012, Mr Williams was sentenced to two years and six months’ imprisonment for sexual connection with a young person aged between 14 and 16 years. In 2014 he was recalled to prison after breach of his parole release conditions by contacting that victim. In advice to the Court, the Department of Corrections reported that Mr Williams had attended 17 offending-specific counselling and treatment session while incarcerated in 2013–2014. A comprehensive Safety and Relapse Prevention Plan was developed with him before he was recalled to prison and another one afterwards. Corrections considered that “Mr Williams’ persistent denial of much of his offending against his victims, past and present, does not bode well for an offence-free lifestyle upon his release”. It considered he displayed “little to no insight into the long term emotional or psychological damage that his actions may have inflicted on his victim and denied the extent of his offending at every opportunity”. It assessed his risk of similar sexual offending was high and could recommend no sentence other than imprisonment, with compulsory attendance at a sex offenders programme in prison.

[3] On 5 May 2023, in the District Court at New Plymouth, Judge A S Greig sentenced Mr Williams to eight months’ imprisonment.1 The Judge identified the aggravating factors of the offending to be: the extent of the harm to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Williams v Police

Details

AGLC: Williams v Police [2023] NZHC 1935
Case: [2023] NZHC 1935
Decision Date: 21 July 2023

CaseChat Overview and Summary

Williams v Police is an appeal against the sentence imposed by the District Court on Mr Barrie Williams for indecent communication with a young person. The appeal was heard in the High Court at New Plymouth and judgment was handed down on 21 July 2023 by Palmer J. Mr Williams had previously been convicted of sexual connection with a young person aged between 14 and 16 years and had breached parole release conditions by contacting that victim. He was sentenced to two years and six months’ imprisonment for that offending. In the present case, Mr Williams was sentenced to eight months’ imprisonment, with an uplift of two months for previous convictions and a discount of 25 per cent for his early guilty plea. The Judge did not provide a discount for remorse because of reports Mr Williams blamed the complainant for his role in the offending. The Judge also did not grant leave for Mr Williams to apply for home detention, largely based on the Probation Officer’s report and the need to deter and denounce his offending. Mr Williams appeals the sentence, arguing that the uplift for previous convictions was not justified and that a community-based sentence should have been imposed instead of a short sentence of imprisonment. Ms Bullock, for the Police, submits the uplift was proportionate to the starting point and was justified given the similarity of the present offending to the previous offending. She submits the Judge had regard to the interests of the victim, denouncing and deterring Mr Williams’ conduct and protecting the community. Palmer J held that the principles in relation to uplifts for previous offending support the imposition of an uplift for Mr Williams’ previous offending, which indicate a predilection to offend in a specific way. The uplift was proportionate. The sentence of imprisonment is well justified as the least restrictive sentence appropriate in the circumstances. The appeal is dismissed.

Orders