R v Abraham [2019] NZDC 888

Published 16 June 2020

Sentencing — aggravated burglary — indecent assault — sexual violation by unlawful sexual connection — sexual violation by rape — DNA evidence — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence after pleading guilty to one charge each of aggravated burglary, sexual violation by unlawful sexual connection, sexual violation by rape and three of indecent assault. One charge of indecent assault arose from offending in 2018 and the remainder from offending in 2003. The defendant was later identified as the offender by DNA samples taken from the scene of both incidents. During the 2003 offending, the defendant broke into a house while armed with a knife, found the victim and threatened to hurt her children unless she complied with his demands. He then indecently assaulted, sexually violated and raped her. During the 2018 offending, the defendant had got into bed with a woman, said he wanted to have sex with her and attempted to remove her clothing before leaving. The Court found the offending fell into band 2 of R v AM, listing the aggravating features of the 2003 incident as planning and premeditation, home invasion while children were present, armed offending, the scale of the offending and a vulnerable victim. Additionally, the offending cause significant harm to the victim. The Court set the start point at 11 years' imprisonment, with a 10 month uplift for the 2018 incident. The Court applied discounts for the defendant's good character until the time of the 2003 incident, his willingness to attend restorative justice and his guilty pleas. The total sentence was eight years one month. Judgment Date: 21 January 2019.