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R v Singh [2018] NZDC 293

Published 19 April 2018

Sentencing — indecent assault — multiple victims — vulnerability of victims — serious indecent assault — breach of trust — R v Fernando (2006) — R v W. The defendant appeared for sentencing having been found guilty by a jury on 20 charges of indecent assault, involving 14 individual complainants. The offending occurred in relation to invasive touching of the victims during the course of massage therapy given by the defendant. The court noted the vulnerability of the victims and misrepresentations made by the defendant about his experience and qualifications that created the situation which the defendant took advantage of to increase his position of power and satisfy his own personal needs. As there is no tariff for indecent assault and no guidelines for this scale of offending and number of complainants, the court looked to "Fernando" and "W" in setting the starting point of two years. Aggravating factors including the vulnerability of the victims, planning and premeditation, the manipulation used in the offending and the significant harm done to each of the victims which resulted in an uplift of two and a half years. Credit of six months was applied for the absence of prior convictions and matters relating to family. Sentences of 18 months imprisonment on each of 16 of the charges and four years imprisonment of each of the four remaining charges were given. The charges were to be served concurrently meaning the defendant would be imprisoned for a total of four years. Judgment Date: 10 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *