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R v Fox [2024] NZDC 3093

Published 24 May 2024

Sentencing — sexual conduct with a young person under 16 — supplying cannabis to a person under 18 — indecent act on a person under 16 — supplying methamphetamine — operating a business of prostitution without a licence — assisting a person under the age of 18 to provide commercial sexual services — Prostitution Reform Act 2003, s 35 — Child Protection (Child Sex Offender Government Agency Registration) Act 2016 — Zhang v R [2019] NZCA 507 — R v H [2008] NZCA 237 — R v Johnson [2010] NZCA 168 — R v Kelly [2018] NZHC 3183. Two defendants appeared for sentence on multiple charges. The charges against the first defendant included sexual conduct with a young person under 16, supplying cannabis to a person under 18, indecent act on a person under 16, supplying methamphetamine, operating a business of prostitution without a licence, and assisting a person under the age of 18 to provide commercial sexual services. There were four victims. The first defendant would supply them with cannabis and methamphetamine and pressure them into sexual activity. He also arranged for one of the victims to provide commercial sexual services to others. All of the victims were aged 12 to 14 when the offending began, and the defendant was in his mid- to late 40s. The offending had a major impact on the victims. The start point for sentence was 12 years' imprisonment. The Court made reductions for guilty plea and background factors, and the final sentence was eight years five months' imprisonment. The charges against the second defendant were possession of methamphetamine for supply, possession of cannabis for distribution, and running an unlicensed prostitution business together with the first defendant. The start point for sentence was six months' imprisonment. Allowances for guilty plea, background factors and lack of prior offending meant a final sentence of three months' imprisonment. Judgment Date: 14 February 2024