R v B & Ors - [2026] NZHC 1303

Date of Judgment

15 May 2026

Decision

R v B & Ors (PDF 246 KB)

Summary

Sentencing of three defendants for sexual violation by rape. Mr B and Mr O convicted of one charge of rape as principal and two charges of rape as party. Mr S convicted of rape as principal. Defendants applied for permanent name suppression.

Held: Starting point 13 years' imprisonment for Mr B and Mr O. Aggravating factors include premeditation, victim vulnerability, harm to the victim, scale, and presence of multiple offenders. Starting point of 11 years' imprisonment for Mr S. Aggravating factors include knowledge of victim's vulnerability, harm to the victim and presence of multiple offenders. Twenty per cent discount applied to each defendant to recognise their youth, otherwise good character, and prospect of rehabilitation. No minimum period of imprisonment.

End sentences for Mr B and Mr O of 10 years, five months' imprisonment. End sentence for Mr S of eight years, 10 months' imprisonment.

Application for permanent name suppression declined. Accepted that the defendants meet the threshold of extreme hardship. However, the public interest favoured an exercise of discretion that allowed publication.