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R v White (David) - [1988] 1 NZLR 264

$30.00

Court of Appeal Wellington
26 April; 26 May 1988
McMullin, Casey and Bisson JJ
Criminal law — Sentence — Preventive detention — Standard of proof — High Court, "if it is satisfied" that it is expedient for the protection of the public that an offender should be detained in custody for a substantial period, may pass a sentence of preventive detention — Whether High Court must be satisfied "beyond reasonable doubt" than an offender should be detained in custody for a substantial period — Criminal Justice Act 1985, s 75(2).
Criminal law — Sentence — Preventive detention — Sexual offences for which an offender is liable for preventive detention — Accused had been convicted and imprisoned in 1960 under Crimes Act 1908 for sexual offences against children — Between 1979 and 1984, he was convicted and imprisoned, on four separate occasions, under Crimes Act 1961 for sexual offences involving children — Whether convictions under Crimes Act 1908 were "sexual offences" for purposes of preventive detention under Criminal Justice Act 1985 - Whether, after present conviction for similar offending, it was appropriate that the accused be sentenced to preventive detention — Criminal Justice Act 1985, s 75(4).

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