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R v McKee [2020] NZDC 2327

Published 29 July 2022

Application to decline jurisdiction — indecent assault on a child under 12 — preventive detention — remand to High Court — Sentencing Act 2002, s 87. The defendant had been convicted of four charges of indecent on assault on a child. He had pleaded not guilty and denied the offending. The Crown submitted the Judge should decline jurisdiction and remand the defendant to the High Court with a view to imposing preventive detention. It was argued the defendant was at high risk of reoffending as he denied the offending and had a previous conviction for sexual offending. Preventive detention is intended to protect the community from people who pose a significant and ongoing risk. The Judge did not consider the defendant fell into this category as he now accepted his offending and was willing to take up counselling and rehabilitative opportunities. It would be a matter for the parole board to determine when the defendant should be released within his sentence. Judgment Date: 13 February 2020.