R v Davey [2019] NZDC 13617

Published 13 September 2021

Sentencing — sexual violation by unlawful sexual connection — indecency with a girl under 12 — breach of extended supervision — failing to comply with child sex offender obligations — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — R v H [2015] NZHC 657 — R v H [2015] NZHC 657 — R v Takamore [2013] NZHC 719 — R v MacKenzie [2007] NZCA 72 — R v Hohaia [2018] NZHC 254 — Crimes Act 1961, ss 128(1)(b) & 133(1)(c). The defendant appeared for sentencing after being found guilty on charges of sexual violation by unlawful sexual connection, indecency with a girl under 12, breach of extended supervision, and failing to comply with child sex offender obligations. The victim of the sex offending charges was the defendant's biological daughter. In an incident more than 20 years earlier, he had digitally penetrated the victim and induced her to touch his penis. In more recent offending he had possessed a mobile phone with internet access, contrary to the conditions of his extended supervision order and his child sex offender conditions. The aggravating features of the sexual violation offending were the young age of the victim, major breach of trust, and major harm to the victim. The Court found that the offending fell into the lower end of band 2 of R v AM. The Court set a start point for sentence of four years, uplifted by nine months for the breach charges and another three months for offending while on bail and repeated breaches of the extended supervision order. The defendant earned a three-month discount on the breach charges for cooperation with the police and early guilty plea. The final sentence was four years nine months. Judgment Date: 11 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *