Published 23 May 2019
Sentencing — sexual violation by unlawful sexual connection — sexual conduct with a child under 12 — R v AM [2010] NZCA 114 — Baldwin v R CRI-2008-004-23804 20/4/2010 HCT Auckland — Sentencing Act 2002. The defendant appeared for sentence on nine charges — two representative charges of sexual violation by unlawful sexual connection, two of sexual violation by unlawful sexual connection, four representative charges of sexual conduct with a child under 12 and one charge of sexual conduct with a child under 12. The victim was his daughter and the offending spanned a six-year period. The aggravating features of the offending included extensive offending, a major breach of trust and a vulnerable victim. There was an element of grooming. The Court adopted the approach of Baldwin v R, of assessing a global starting point rather than setting a start point for the lead offence and then uplifting the sentence for the rest of the offending. The starting point was 11 years, with discounts for remorse, previous good character, and guilty plea. The final sentence was seven and a half years' imprisonment. The Court made a final order that the defendant's name be suppressed. Judgment Date: 18 May 2018.
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