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R v Kramer [2018] NZDC 7779

Published 13 March 2019

Sentencing — sexual violation by rape — sexual violation by unlawful sexual connection — breaching protection order — threatening to kill — kidnapping — R v AM [2010] 2 NZLR 750 — Galvin v R [2017] NZCA 22. The defendant appeared for sentencing on charges of kidnapping, rape, unlawful sexual connection, breach of protection order, threatening to kill and assault with intent to injure. All the charges stemmed from the same domestic incident. The defendant contacted the complainant to pick him up. She drove to get him with her baby and once she arrived, the defendant had her get into the backseat of the car and accused her of cheating on him. The defendant produced a machete and threatened to kill the complainant, and punched her in the head numerous times. The defendant drove the victim to a river, threatened her, raped her and forced her to perform sexual acts. He then forced the complainant into the boot of the car. The Judge considered the offending fell between high band 2 and lower band 3, per the guideline judgment of R v AM, and set a starting point of 12 years' imprisonment. The Judge, having previously provided a sentencing indication, applied an uplift of one year for the fact the offending happened while the defendant was released on bail conditions, and made a reduction of 25 percent for the defendant's guilty plea. This brought the sentence to 10 years' imprisonment. Finally, the Judge granted a discount of 5 months for remorse, bringing the final sentence to nine years and seven months' imprisonment. A minimum period of imprisonment was set at 50 percent, reflecting the significant offending. Judgment Date: 20 April 2018. * * * Note: names have been changed to comply with legal requirements. * * *