Published 17 September 2021
Sentencing — sexual violation — unlawful sexual connection — indecent acts — indecent assault — offending against daughter — name suppression — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750 — Sentencing Act 2002 — Child Protection (Child Sex Offender Government Agency Registration) Act 2016. The defendant appeared for sentence on a charge of sexual violation and three of indecent assault. The victim was the defendant's young daughter, and the offending occurred on three occasions. The defendant admitted his offending to the police. Aggravating features were premeditation, repeated offending against a very vulnerable victim, major breach of trust, and likely major harm to the victim that would manifest itself later in her life. The Court found that the offending fell within band 2 of R v AM and set a start point for sentence of five years six months' imprisonment. In mitigation, the defendant had shown remorse , was a first-time offender and had pleaded guilty. The final sentence was three years seven months, and the defendant was registered on the Child Sex Offender Register. The Court granted the defendant final name suppression in order to protect the victim and the defendant's family. Judgment Date: 1 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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