Youth Court Decisions How to Use Full list of key titles CYPFA section Date

R v T , 29 November 2007, Court of Appeal, Wilson, Chisholm, Potter JJ, CA521/07

Name: R v T
Reported [2007] NZCA 550
File number: CA521/07
Court: Court of Appeal
Location:
Date: 29 November 2007
Judge: Wilson, Chisholm, Potter JJ
Charge: rape, sexual violation
CYPFA:
Key title: sentencing

Case Summary:
T, 16 years old at the time of the offending, plead guilty to rape and sexual violation, and was sentenced in the District Court to six and a half years imprisonment. T was 20 by the time he was sentenced. The Solicitor General appeals the sentence.

Victim was 14. She had run away from home, and been drinking beer with T and co-offenders. Victim was sexually violated by one of the group, digitally penetrated by two others, raped and orally violated by a co-offender, and sexually violated and raped by T in the presence of the group.

CA endorsed R v Tawha CA396/02 26 February 2003 as the proper way to read R v A [1994] 2 NZLR 129 (CA) which fixes the starting point for rape at 8 years. CA accepted Crown argument that sentencing judge made a larger than appropriate reduction (two and a half years) for T’s guilty plea, especially given that T only pled guilty after the victim had given her evidence and been cross examined by two of the three defence counsel.

CA held that 2 years should be added to starting point for aggravating circumstances, 1 year discounted for T’s age, and a further 10% discount for the guilty plea.

Decision:
Sentence increased to 8 years imprisonment.