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R v Clarke [2021] NZDC 6580

Published 29 June 2022

Sentencing — sexual violation by unlawful sexual connection — Sentencing Act 2002, s 27 — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750 — Zhang v R [2019] NZCA 507 — Moses v R [2020] NZCA 296 — R v Clifford DC Ashburton CRI-2010-009-4143, 24 June 2008. The defendant appeared for sentence after pleading guilty to a charge of sexual violation by unlawful sexual connection. While visiting a mental health facility the defendant had used a ruse to enter the residence of the victim, who was a patient at the facility. Once inside, the defendant had kissed the victim, attempted to touch her pubic area and then forced her to perform oral sex on him. The offending was aggravated by major impact on the victim victim, vulnerable victim and prior convictions. The Court assessed the offending as falling in band 2 of R v AM, and set the start point for sentence at eight and a half years' imprisonment. The Court then reduced the start point to seven and a half years in recognition of the defendant's deprived and traumatic upbringing as outlined in a s 27 report. In further mitigation the defendant had pleaded guilty, accepted responsibility, had apologised and had been willing to attend restorative justice. After reductions for these factors, as well as ineligibility for parole because of second strike offending, the final sentence was five and a half years' imprisonment. Judgment Date: 12 April 2021