Jason Lloyd Jones v The Queen - SC 29/2012

Criminal – Sentencing – Rape – Whether the Court of Appeal erred in raising the applicant’s sentence from 9.5 years to 13 years – Whether the Court of Appeal erred in concluding that a finding of ‘ significant premeditation’ in sexual offending was not restricted to the existence of a fixed intention to have non-consensual-sex prior to the offending, and that an offence would be ‘significantly’ premeditated where there was an intent to have sexual connection with the victims regardless of whether consent was forthcoming – Whether the Court of Appeal erred in holding that the victim’s consent to sexual activity with the applicant’ s co-offender prior to the rape was not relevant to sentencing – Whether the Court of Appeal erred in finding that the lower Court’s 6 month reduction for ‘previous good conduct, family circumstances and the shame experienced’ was inappropriate in light of his past offending and repeated denial of the rape. CA 376/2011  [2012] NZCA 27