Published 15 February 2019
Sentencing — sexual conduct with a young person — sexual violation by unlawful sexual connection — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant faced sentence for five charges of sexual conduct with a young person and one charge of sexual violation by unlawful sexual connection. The charges related to two incidents, and the victim was the defendant's stepdaughter. The second incident was the more serious, giving rise to the sexual violation charge. It was also planned and premeditated. The defendant had deliberately made the victim drunk first. The court found that aggravating features included the planning and premeditation, as well as the breach of trust, the power imbalance, and the effects on the victim. The court set a starting point of four years' imprisonment, and applied a discount of six months due to the fact that the defendant did have previous convictions, but only for minor offending. The final sentence was three and a half years' imprisonment. Judgment Date: 28 February 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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