Sentencing — indecent assault — sexual violation by rape — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence on charges of indecent assault and sexual violation by rape. He had gone to a party hosted by the victim, who was a long-standing friend of his. The victim became drunk and agreed to let the defendant share her bed for the night. During the night the defendant began to grab and kiss the victim's breasts and then had sex with her. The victim did not consent to any sexual activity and drifted in and out of consciousness during the offending. The offending was aggravated by breach of trust and the victim's vulnerability, given that she was intoxicated and asleep or unconscious before and during the offending. Further, the offending had had a major impact on the victim. The start point for sentence was six years' imprisonment. In mitigation the defendant had been young at the time of the offending, had no prior convictions, had a record of service to the community, and had spent a lengthy period subject to bail conditions. The final sentence was four years six months' imprisonment, and the Court declined the defendant's application for name suppression. Judgment Date: 28 June 2021.