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R v Marsters [2023] NZDC 9939

Published 19 February 2024

Sentencing — kidnapping — wilful ill-treatment — male assaults female — rape — sexual violation by unlawful sexual connection — threatening to kill — assault with intent to injure — injuring with intent to injure — Criminal Procedure (Mentally Impaired Persons) Act 2003, ss 27 & 38 — Mental Health (Compulsory Assessment and Treatment) Act 1992. The defendant appeared for sentence on charges of kidnapping, wilful ill-treatment, male assaults female, rape (two), sexual violation by unlawful sexual connection (four), threatening to kill, injuring with intent to injure and assault with intent to injure. He had confined the victim to his house, where he subjected her to three days of physical and sexual violence before she managed to escape. The start point for sentence was 15 years' imprisonment. After reductions for background factors and guilty plea, the final sentence was 10 years' imprisonment. Judgment Date: 19 May 2023.