R v M - [2025] NZHC 3631

Sentencing on pleas to a representative charge of sexual violation by unlawful sexual connection, and a charge of sexual conduct by doing an indecent act on a child under 12 years of age for habitual offending against two distantly-related young girls at family gatherings. 

Aggravating factors of offending - serious long-term emotional and psychological harm resulting, comprehensive abuse of position of trust, repetitive nature of offending, degradation and cruelty in isolating the girl and directing her actions, victim vulnerability, premeditation, offending as a continuation of a propensity for such offending - means culpability solidly within band two or lower end of band three of R v AM (CA27 /2009) [2010] NZCA 114, [2010] 2 NZLR 750. Cusp of the two bands taken, a nine year starting point. One year uplift for prior offending of a similar nature. 10 percent discount for guilty plea. No discount for contended deprived background. End determinate sentence of nine years imprisonment (broken down, six for sexual violation by unlawful sexual connection, and three for sexual conduct with a child under 12 years of age). 

Minimum period of imprisonment of five years imposed because defendant's experience in custody alone seems unlikely to deter, the prospect of release into the community perhaps as soon as late next year insufficient to hold defendant accountable, or properly to denounce conduct, or to protect the community from the defendant. 

Satisfied the above determinate sentence otherwise to be imposed would not provide adequate protection for society from defendant as unreliable for post-release supervision. Determinate sentence therefore not preferable to a preventive detention sentence. Sentenced to preventive detention.