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R v Keys [2022] NZDC 9217

Published 30 August 2023

Sentencing — sexual violation — rape — assault — threatening to kill — indecent assault on a child — R v Paul Keys [2022] NZDC 5374 — W v R CA411/02, 30 October 2003 — R v S [2014] NZHC 952 — R v Dodds [2016] NZHC 1391 — R v Townshend [2016] NZHC 505 — R v M HC Christchurch, CRI-2004-009-002462, 27 April 2006 — Skipper v R [2013] NZCA 104 — R v AM 9CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750 — R v F [2018] NZHC 1313 — L v R [2021] NZCA 297 — B v R [2011] NZCA 654. This was the sentencing for the defendant who was found guilty at a judge-alone trial. There were 31 charges comprising sexual violation, rape and threatening to kill or cause grievous bodily harm. The sexual offending started when the victim was very young. It was found that the offending started when the defendant and the victim were living in New Zealand, and continued when they moved to Australia. The overall starting point was 20 years' imprisonment. 10 years was deducted for the prison sentence imposed in Australia. The Judge noted that the defendant had a deprived childhood, as the defendant alluded to his own childhood sexual abuse. It was accepted that there may be ongoing trauma from this but there was no confirmation that the abuse had occurred, so no deduction was made. No deduction was given for pleading guilty as the defendant had yet to accept responsibility, therefore the overall sentence was 10 years' imprisonment. The defendant was placed on the Child Sexual Offenders Register in New Zealand. The name suppression for the defendant lapsed as the victim did not believe the publication of his name would identify her, and the victim had not lived in New Zealand since 2005. The victim's name and the nature of her relationship with the defendant was suppressed. Judgment Date: 20 May 2022.