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R v Kotara [2019] NZDC 15031

Published 15 July 2021

Sentencing — injuring with intent to injure — assault on a female — kidnapping — sexual violation by unlawful sexual connection — stabbing — revenge attack — violence against women — sexual violence — control — entitlement — R v AM [2010] NZCA 114. The defendant appeared for sentencing on charges of injuring with intent to injure (two), assault on a female (two), kidnapping and sexual violation by unlawful sexual connection. The defendant became angry and lost control after a person visited the boarding house where the defendant was living. The defendant attacked a woman who was at the boarding house, removed her clothing and tied her up. The defendant then hit and tied up his own partner to prevent her from raising the alarm, then digitally penetrated the first victim, who was still tied up. When two men attempted to intervene in the situation, the defendant stabbed one of them with a knife before fleeing. The aggravating features of the offending were ongoing offending over an extended period, breach of trust, serious injuries, and offending while on bail. The Court set a starting point of seven years' imprisonment on the sexual violation charge, and added uplifts for the offending against the other two victims, offending on bail, and previous convictions, which took the total start point to 9 and a half years. In mitigation, the defendant pleaded guilty, was himself seriously assaulted in revenge for the offending, and showed signs of being willing to rehabilitate. The final sentence was six years eight months. The Court imposed a minimum period of imprisonment of 50 per cent, to reflect the concerning feature of the defendant's use of sexual violence as a tool of revenge. Judgment Date: 31 July 2019.