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R v S [2024] NZDC 25973

Published 25 November 2024

Sentencing — meeting a young person following sexual grooming — grooming for sexual conduct with a young person — name suppression — Crimes Act 1961, s 131AB — Sentencing Act 2002, ss 7 & 16 — Criminal Procedure Act 2011, s 200 — R v Davidson [2008] CA319/2008 NZCA 484 — R v S [2009] NZCA 64 — Bird v Police [2017] NZHC 1296 — F v R [2022] NZHC 747 — R v Walsh [2016] NZDC 17507 — R v Brunie [2009] NZCA 300. The defendant appeared for sentence on charges of meeting a young person following sexual grooming, and grooming for sexual conduct with a young person. He was a former teacher, and the two victims were his former pupils. The defendant offended against the victims separately. The offending conduct involved the defendant texting the victims, buying them gifts, complimenting them on their appearance, and making excuses to spend time with them alone. The defendant eventually had a sexual relationship with one of the victims, when she was in her final year of school. The offending was aggravated by impact on the victims, the scale of the offending, vulnerable victims, ultimately successful grooming in one case, gross breach of trust, and premeditation. The start point for sentence was 32 months' imprisonment. There were discounts for previous good character, remorse, and guilty plea, and the final sentence was 10 and a half months' home detention. The Court decided not to register the defendant as a child sex offender, and also declined his application for name suppression. Judgment Date: 25 October 2024. Note: defendant's name is suppressed pursuant to section 286 of the Criminal Procedure Act 2011 pending determination of appeal to the High Court. * * * Note: names have been changed to comply with legal requirements. * * *