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R v Vance [2018] NZDC 4401

Published 15 February 2019

Sentencing — rape — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — three strikes warning. The defendant appeared for sentencing having been found guilty by a jury of one count of sexual violation by rape. The offending happened on a marae the early morning after a night of drinking. The complainant woke to the defendant penetrating her, while five other persons were asleep in the room. The complainant kicked and pushed the defendant off and rolled out of bed. The Crown submitted a starting point of 10 years' imprisonment, with a further uplift for the defendant's previous historical sexual offending. The Judge considered the guideline case of R v AM, and a series of other factually relevant cases. The Judge regarded the aggravating features of the offending to be the planning and premeditation, the vulnerability of the victim, the breach of trust, that the offending involved full penile penetration, and that the victim suffered harm. The Judge determined a starting point of eight years' imprisonment, and then applied a further uplift of two months for historical offending. The defendant received a discount of eight months for the time already spent on restrictive bail conditions, bringing the final sentence to seven and a half years' imprisonment. The defendant also received a three strikes warning. Judgment Date: 8 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *