R v Thomas - [2024] NZHC 598
Date of Judgment
19 March 2024
Decision
Summary
Sentencing for seven charges including sexual violation by unlawful sexual connection and strangulation following trial by jury.
Preventive detention appropriate for strangulation and sexual violation. Criminal history demonstrates an entrenched pattern of behaviour that imprisonment has not corrected. Court satisfied that defendant likely to commit serious offences, including a qualifying sexual or violent offence following release from even a lengthy finite sentence. Defendant shows lack of insight and unwillingness to accept the most serious of the offending. Finite sentence would not give an incentive to rehabilitate. Preventive detention necessary to provide a safety net to protect the community. Minimum period of six years' imprisonment appropriate.
Sentences for other charges to be served concurrently: assault with intent to injure (three years), assault with a weapon (x 3, two years), injuring with intent to injure (x 2, two years).
Preventive detention appropriate for strangulation and sexual violation. Criminal history demonstrates an entrenched pattern of behaviour that imprisonment has not corrected. Court satisfied that defendant likely to commit serious offences, including a qualifying sexual or violent offence following release from even a lengthy finite sentence. Defendant shows lack of insight and unwillingness to accept the most serious of the offending. Finite sentence would not give an incentive to rehabilitate. Preventive detention necessary to provide a safety net to protect the community. Minimum period of six years' imprisonment appropriate.
Sentences for other charges to be served concurrently: assault with intent to injure (three years), assault with a weapon (x 3, two years), injuring with intent to injure (x 2, two years).