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R v Gardner [2021] NZDC 7847

Published 09 October 2023

Sentencing — transfer from Youth Court to District Court for sentencing — impeding breathing — unlawful sexual connection with a young person — assault on a child — male assaults female — wounding with intent to injure — Oranga Tamariki Act 1989, s 283(o) — Criminal Procedure (Mentally Impaired Persons) Act 2003, s 38 — UN Convention on the Rights of the Child — Ackland v Police [2019] NZHC 312 — T v R [2019] NZHC 3375 — Churchward v R [2011] NZCA 531, (2011) 25 CRNZ 446 — R v LM [2019] DCR 100, [2017] NZDC 26123 — R v M [2011] NZCA 673 — R v Q [2014] NZHC 550 — DP v Q [2015] NZCA 476. The defendant appeared for sentence on multiple charges including seven of impeding breathing and three of unlawful sexual connection with a young person (representative). The charges had been found proved in the Youth Court and the defendant was transferred to the District Court for sentencing after turning 18. While aged under 18 the defendant had engaged in a series of sexual relationships with girls who were vulnerable and younger than him. The defendant's behaviour in these relationships had been violent and controlling, and he had assaulted and strangled his partners. The offending was aggravated by multiple victims; vulnerable victims; major impact on the victims; use of power and coercion in relationships; and use of both sexual and non-sexual violence. In mitigation the defendant had been young at the time of offending, and still was young; and had pleaded guilty to some of the charges. The start point for sentence was two and a half years' imprisonment for the sex offending, three years' imprisonment on the strangulation charges, and 12 months' imprisonment on three other violence-related charges. From an effective start point of six and a half years' imprisonment, the Court made reductions for the totality principle, youth, background factors, matters raised in a cultural report, mental health problems and guilty pleas. The end sentence was two years nine months' imprisonment, and the Court made a final order for suppression of the defendant's name. Judgment Date: 27 April 2021. * * * Note: names have been changed to comply with legal requirements. * * *