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District Court of New Zealand |
Last Updated: 21 October 2022
EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS].
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NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S)
OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL
PROCEDURE ACT 2011. SEE
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NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S)
OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT(S)/ PERSON(S) UNDER THE AGE
OF 18
YEARS WHO APPEARED AS A WITNESS [OR NAMED WITNESS UNDER 18 YEARS OF AGE]
PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT
2011. SEE
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IN THE DISTRICT COURT AT TAURANGA
I TE KŌTI-Ā-ROHE
KI TAURANGA MOANA
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CRI-2021-270-000073
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THE QUEEN
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v
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JAYDEN DESMOND MEYER
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Hearing:
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13 July 2022
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Appearances:
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A Perkins QC for the Crown R Adams for the Defendant
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Judgment:
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13 July 2022
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NOTES OF JUDGE C J HARDING ON SENTENCING
[1] Mr Meyer, you were found guilty in the Youth Court of four charges of rape, four charges of unlawful sexual connection and two charges of indecent assault, indecent acts.
R v JAYDEN DESMOND MEYER [2022] NZDC 13157 [13 July 2022]
[2] In a lengthy decision covering a large number of factors you were convicted and transferred to this Court for sentence and you are today for sentence.
[3] The Crown submits at this stage that a sentence of imprisonment, despite that being the ordinary consequence and indeed one of many years, a sentence of imprisonment would not be appropriate and a sentence of home detention with judicial monitoring is the most appropriate sentence. They provide authorities for the proposition that ordinarily a substantial sentence of imprisonment is appropriate and they are undoubtedly correct. They suggest that 12 months’ home detention with post-release conditions is the appropriate outcome.
[4] On your behalf Ms Adams has filed submissions also. She supports the recommendation of home detention. She says that the SAFE programme which you have already started is for 12 months, not six, and that the oversight of both the SAFE clinicians and the probation officer will be sufficient to mean that judicial monitoring is unnecessary.
[5] I do not propose today to go through again the very significant impact that your offending has had on the victims, some of whom are here and I acknowledge.
[6] The pre-sentence report says that you seem to be unable to consider the victims or the consequences of your poor decision-making and says that home detention is considered the most suitable option for risk mitigation, for supporting and addressing the offending related factors and as a punitive option. There is a concerning comment in that report about whether you will continue to receive the support of your father; I sincerely hope that you do.
[7] You are said to continue to minimise the seriousness of your offending, which is concerning given the amount of counselling you have had and the time you have already spent with the SAFE programme. You have had 30 sessions with a psychologist and your likelihood of re-offending is assessed as medium but increasing to high should you not engage with programmes which are suggested.
[8] Ordinarily, experience suggests that lengthy sentences of home detention are unhelpful for young people because they are particularly difficult. One of the reasons that you were transferred to this jurisdiction was to ensure that a sentence of sufficient length to ensure the completion of therapeutic programmes was able to be contemplated.
[9] I accept the probation report and the submissions of counsel that home detention on all charges is the appropriate outcome. I consider in the circumstances nine months rather than 12 was an adequate response when added to 12 months’ post-detention conditions and you will be today sentenced to nine months’ home detention at [address deleted] from today and you will leave Court after receiving the appropriate documentation and travel directly to that address to await the arrival of the probation officer and the security officer.
[10] There will be standard and special conditions of home detention as recommended in the pre-sentence report, but conditions (d) and (f) will require completion to the satisfaction not only of the probation officer but in addition to the SAFE clinicians. They are:
- (a) You are not to associate with or contact victims of your offending without the prior written approval of a probation officer.
- (b) You are not to associate or otherwise have contact with any person under 16 years of age except in the presence and under the supervision of an “approved informed adult”. An “approved informed adult” means a person who has been given prior approval in writing by a probation officer as being suitable for the purpose of this condition.
- (c) Not to enter any schools, parks or areas where children congregate without the written approval of a probation officer.
- (d) Attend a psychological assessment with a departmental psychologist as directed by a probation officer and complete any treatment and/or
counselling as recommended by the assessment to the satisfaction of a probation officer and SAFE programme.
(e) Not to undertake any type employment, voluntary work or training without prior written approval of a probation officer.
(f) To attend and complete an appropriate SAFE programme to the satisfaction of a probation officer. The specific details of the appropriate programme shall be determined by a probation officer and SAFE programme.
(g) Upon request to make available to a probation officer or his or her agent any electronic device capable of accessing the internet that is used by you or is in your possession or control for the purpose of monitoring your use of the device.
(h) You are not to associate with or contact victims of your offending without the prior written approval of a probation officer.
[11] Post-detention conditions are imposed as recommended for 12 months amended in the same way requiring conditions (d) and (f) to be completed to the satisfaction not only of the probation officer but the SAFE clinician. They are:
- (a) You are not to associate with or contact victims of your offending without the prior written approval of a probation officer.
- (b) You are not to associate or otherwise have contact with any person under 16 years of age except in the presence and under the supervision of an “approved informed adult”. An “approved informed adult” means a person who has been given prior approval in writing by a probation officer as being suitable for the purpose of this condition.
- (c) Not to enter any schools, parks or areas where children congregate without the written approval of a probation officer.
[12] I consider in the circumstances that notwithstanding the two layers of supervision that judicial monitoring is desirable, and I direct that judicial monitoring occur in connection with all of the sentence.
[13] That is the sentence imposed on all of the charges.
Judge CJ Harding
District Court Judge | Kaiwhakawā o te Kōti ā-Rohe
Date of authentication | Rā motuhēhēnga: 14/07/2022
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URL: http://www.nzlii.org/nz/cases/NZDC/2022/13157.html