R v Hope 2018 NZDC 4205

Published 15 March 2019

Sentencing — sexual violation by unlawful sexual connection — committing indecent act on a young person — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — R v Taueki [2005] 3 NZLR 372 — Sentencing Act 2002, ss 7, 8. The defendant appeared for sentence for three charges of sexual violation by unlawful sexual connection and one of committing an indecent act on a young person. The victim was his stepdaughter, and the offending occurred over about three years, both at the family home and also when the defendant and the victim were away together. The defendant had been convicted by a jury and denied the offending, meaning he was entitled to no credit for remorse. The court also noted that the offending involved planning and premeditation, a vulnerable victim, and above all a major breach of trust. The court found that the offending fell into the middle of band 2 of R v AM, meaning a starting point for sentence of seven years' imprisonment. There were no personal aggravating or mitigating factors, meaning the sentence remained at seven years. The court also ordered that the defendant's name be suppressed, making clear that it was doing so purely to protect the defendant's children. Judgment Date: 6 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *