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R v Shaw [2022] NZDC 13157

Published 03 August 2022

Sentencing — transfer from the Youth Court to District Court — sexual violation — rape — indecent assault — doing an indecent act — Oranga Tamariki Act 1989, s 283(o). The defendant was sentenced on four charges of rape, four charges of unlawful sexual connection and two charges of indecent assault against five different victims. The case was transferred to the District Court for sentencing pursuant to s 283(o) of the Oranga Tamariki Act, so that the Court could consider a sentence of sufficient length to ensure the completion of therapeutic programmes. The defendant's pre-sentence report indicated that he appeared unable to consider the victims and continued to minimise the seriousness of the offending. A sentence of home detention was submitted by the Crown and supported by counsel for the defendant. The Judge sentenced the defendant to nine months' home detention, with 12 months' post-detention conditions and judicial monitoring. Judgment Date: 13 July 2022 * * * Note: names have been changed to comply with legal requirements. * * *