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R v Brimble [2022] NZDC 5768

Published 07 March 2023

Sentencing — anal intercourse — indecency between a man and a boy — supplying cannabis — indecency with a boy aged 12 to 16 — sexual violation — Criminal Procedure Act 2011, s 203 — R v Brimble CRI-2018-044-003548, 8 September 2021 — R v Brimble [2020] NZDC 7999. The defendant appeared for sentencing on nine charges, including anal intercourse, indecency between a man and a boy, indecency with a boy aged 12 to 16, and sexual violation. There were three victims, and the offending occurred over a 20-year period from the mid-1980s. The victims were all adolescent boys at the time of the offending. The defendant had met two of the victims through his work as a music teacher, and the offending sometimes began with the defendant giving the victims drugs or alcohol. All of the victims suffered long-term harm as a result. In respect of the first two victims, the Court had previously imposed a sentence of four years and five months' imprisonment. For the third victim, the Court set a start point of six years six months, reduced to four years two months for guilty plea and medical problems. The Court reduced the total of eight years seven months to seven years to recognise the totality principle, and then made another 10 per cent reduction for other factors. The final sentence was six years six months' imprisonment. Judgment Date: 1 April 2022.