The Court of Appeal has dismissed an appeal by the Solicitor-General against the sentence imposed on a man convicted of sexual offending against eight victims over a period of 15 years.
The man was last year sentenced to 5-1/2 years' jail, with Justice Christopher Allan declining to impose a sentence of preventive detention.
The man had turned himself in to police in May last year, pleading guilty to 13 charges of sexual offending against eight female victims ranging in age from six months to 15 years.
The Solicitor-General sought leave to appeal the decision not to impose preventive detention, and also submitted the sentence of 5-1/2 years was "manifestly inadequate".
In the Court of Appeal judgment handed down today, Justice Ronald Young said although the offending was extremely serious, other factors were also significant in the decision whether to impose preventive detention.
He said there was no agreement between psychologists and psychiatrists as to the likelihood of reoffending, the man had confessed spontaneously, and he had started a rehabilitative programme.
If treatment didn't work, there was a real likelihood of an extended supervision order.
"In those circumstances, and bearing in mind that this is a Solicitor-General appeal, we are not prepared to impose a sentence of preventive detention," the report said.
The appeal against the sentence was also dismissed, Justice Young said.
"The difference between what we would regard as an appropriate sentence and the one as imposed is not sufficiently material to warrant allowing of the appeal."
- NZPA
Court dismisses Solicitor-General's appeal
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