Published 10 September 2020
Sentencing — indecent assault — sexual violation by unlawful sexual connection — sexual violation by rape — three strikes — R v AM [2010] NZCA 114; [2010] 2 NZLR 750 — R v Proctor [2007] NZCA 289. The defendant appeared for sentence on six charges of sexual violation by unlawful sexual connection, five of sexual violation by rape, and one of indecent assault. The victim was the defendant's stepdaughter, the offending occurred over a period of several years and included additional humiliating features. Given these humiliating features, the young age of the victim, the breach of trust, the scale of the offending and the extent of the harm, the Court set a start point for sentence of 16 years' imprisonment. The Court deducted 18 months taking into account for a sentence already served for connected offending, noting that no other discounts were required to be taken into account; bringing the final sentence to 14 years six months on the unlawful sexual connection and rape charges, and 18 months to be served concurrently on the sexual assault charge. Judgment Date: 12 March 2020 * * * Note: names have been changed to comply with legal requirements. * * *
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