Published 27 March 2018
Sexual violation by unlawful sexual connection — attempted sexual violation by rape — attempted sexual violation by unlawful sexual connection — indecent assault — sexual offending against young persons — historical sexual offending — sentencing — R v AM [2010] NZCA 114 — R v White HC Auckland CRI-2007-044-3842 24 August 2007. The defendant was sentenced for sexual offending against four victims who at the time of the offending were aged between four and 13 years old; and in respect of assault charges against a fifth victim. In sentencing the defendant on the sexual offending charges, the court took into consideration the vulnerability of the four victims, breach of trust, the scale of the offending, premeditation and harm caused to the victims. In respect of the historical charges, the court noted that the offending took place around the same time that the maximum penalty for the offending increased. The court accepted that it could properly be inferred that part of the offending occurred after the maximum penalty increased. Taking into account totality, the court took a global starting point of 15 years' imprisonment for all offending and reduced that sentence by 20 per cent for the defendant's guilty pleas noting that no discount was available for good character or remorse. The defendant was sentenced to 12 years' imprisonment with a minimum non parole period of 50 per cent. The defendant was also registered under the Child Protection (Child Sex Offender Government Agency Registration) Act 2016. Judgment Date: 16 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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