A High Court judge who overturned a jail sentence for disgraced Gloriavale leader and child sex offender Howard Temple has today provided further information on his decision to replace prison time with home detention.
In December, Temple, 85, was sentenced by Judge Raoul Neave in the Greymouth District Court to 26 months behind bars after he pleaded guilty - partway through a trial - to a raft of sex offences.
Temple admitted sexual offending against six victims who were all much younger members of the Gloriavale community.
The offending spanned more than 20 years, and much of it occurred while Temple was the official leader of the isolated West Coast sect.
Immediately after he was sentenced, Temple’s lawyer Michael Vesty filed an appeal.
The appeal was heard last month by Justice Owen Paulsen in the High Court at Christchurch.
Vesty argued that Judge Neave’s sentence starting point was too high and the discounts he applied did not reflect Temple’s remorse, and the restrictive conditions of his prolonged period on bail.
Judge Neave set a term of 36 months’ imprisonment for Temple and then applied discounts to reflect his guilty pleas - even though they were “belated in the extreme” - his ”remorse and willingness to participate in restorative justice”, his “advanced age and cognitive decline” and the time he had spent on “restrictive bail” before his trial and sentencing.
He reached an end prison sentence of 26 months - home detention can only be considered if a sentence is 24 months and below.
Vesty said the end sentence was “manifestly excessive”.
The Crown supported Judge Neave’s sentence.
“He was someone who was a leader in the community, a community with particular values and hierarchies,” said prosecutor Aaron Harvey.
“A non-custodial sentence would inadequately reflect both the scale and time period over which it occurred … the nature of the offending … by people who are leaders of their community,” he told the court.
The Herald reported Justice Paulsen’s decision last week and today his reasons for replacing Temple’s prison term with home detention can be revealed.
Justice Paulsen had reserved the decision, taking time to fully consider all of the relevant submissions and information about the case and the offender.
“I find that the starting point of 36 months adopted by the District Court Judge was excessive and that, for the reasons given above, he should have adopted a starting point of no more than 30 months’ imprisonment,” he said.
“Applying the Judge’s assessment that Mr Temple is entitled to credits totalling 28% in respect to his guilty pleas, willingness to participate in restorative justice, remorse, age and ill health, and restrictive bail conditions, that results in an end sentence of 22 months’ imprisonment.
“Having arrived at this conclusion, home detention must be considered as an available sentencing option.”
Justice Paulsen said home detention was “a significant sentence” and would “serve the purposes of denunciation and deterrence”.
“Mr Vesty emphasises that Mr Temple is 85 years old and suffers from mild cognitive impairment, particularly affecting memory and new learning, beyond what would be expected from normal ageing,” he said.
“He notes that (a psychologist) considers imprisonment would be an especially harsh outcome given Mr Temple’s age, cognitive vulnerability and limited capacity to cope with a custodial environment.
“He also notes Mr Temple has no prior convictions, presents a very low risk of reoffending and does not require sexual offending treatment.
“Also relevant is that the legal process has already had a significant chastening effect, including intense public denunciation and Mr Temple’s forced resignation from a lifelong leadership role.”
Justice Pauslen said home detention was also the outcome recommended by the pre-sentence report writer.
“Mr Vesty argues that in the circumstances, imprisonment would be disproportionate and serve little rehabilitative or protective purpose. He notes the Sentencing Act requires that the least restrictive outcome be imposed consistent with accountability and community safety,” he said.
“He argues that home detention is a serious and punitive sentence, allowing enforceable conditions and supervision while avoiding a crushing outcome for an elderly and cognitively impaired offender who poses negligible future risk.
“Home detention therefore appropriately balances denunciation, proportionality and public protection, and is the proper sentencing response in this case.”
Justice Paulsen said jail was not the automatic sentence for child sex offenders like Temple.
“While imprisonment is viewed as the ‘likely’ outcome for sexual offending against children, home detention is still an available sentencing outcome,” he noted.
“Having regard to the principles and purposes of sentencing, I consider it is the appropriate sentence in this case … a sentence of home detention would be a significant sentence for Mr Temple given his age and the effect of further separation from his community.
“That will serve to hold Mr Temple accountable for the harm he has caused the victims.
“Second, imprisonment is not necessary in this case for Mr Temple’s rehabilitation, given his identified low risk of reoffending and because the legal process itself has already had a deterrent effect.
“Finally, his advanced age and cognitive impairment mean imprisonment would be disproportionately severe, and he would be especially vulnerable in a custodial environment.”
Justice Paulsen agreed with Judge Neave that Temple’s name should not be added to the national Child Sex Offender Register.
He acknowledged that “although repetitive and spanning a significant period of time”, the seriousness of Temple’s offending was “at the lower end of the range of qualifying offences”.
“None of the victims remain in Gloriavale. Further, Gloriavale has introduced a policy for the risk management of those, such as Mr Temple, who have engaged in harmful sexual behaviours,” he added.
“The policy and changes made to date at Gloriavale, together with Mr Temple’s low risk of reoffending and reduced involvement in the community, now he has stepped down from his leadership role, is sufficient to satisfy me registration is not appropriate.
“I am satisfied he does not pose a risk to the lives or sexual safety of children.”
Justice Paulsen quashed the prison sentence and replaced it with a sentence of 11 months’ home detention.
Temple will serve his new sentence at a Greymouth property.
Anna Leask is a senior journalist who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 20 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz