Published 22 August 2019
Sentencing — indecency with a boy aged between 12 and 16 — sexual violation by unlawful sexual connection — historic sexual offending — conviction and discharge — preventative detention — R v Gay [2017] NZHC 3149. The defendant appeared for sentence on charges of indecency with a boy aged between 12 and 16, and sexual violation by unlawful sexual connection. The offending had occurred more than 30 years before, when the complainant had spent school holidays at the defendant's house. Both the Crown and the defendant sought that the defendant be convicted and discharged. In 1999, the defendant had been sentenced to preventative detention with a minimum period of imprisonment of ten years for numerous instances of sexual offending in the 1980s and 1990s. He had been paroled in 2011, but in 2017 was arrested and recalled as a result of the current offending. The Parole Board was due to revisit the defendant's case in several months, and the Court considered that the 1999 Court would not have increased the minimum non-parole period had it known of the current offending. The Court found it appropriate for the defendant to be convicted and discharged, and the Parole Board would have all the necessary information the next time it met to consider the defendant's case. Judgment Date: 7 February 2019.
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