Published 21 June 2019
Sentencing — rape — indecent assault on girl under 12 — indecent assault on girl under 16 — indecent assault on female over 16 — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence after being found guilty on two charges of rape, seven of indecent assault on a girl under 12, one of indecent assault on a girl under 16, and one of indecent assault on a female over 16. The three victims were the defendant's nieces, and the offending occurred in three locations over a period of several years. At the time that most of the offending occurred the victims were very young, all under the age of twelve. Also the offending involved a serious breach of trust, had a serious impact on the victims, and some of it was premeditated. In terms of R v AM, some of the offending fell into band 2, some into band 3. The total starting point was 14 years' imprisonment. The defendant had shown no remorse and denied the offending. The Court observed that his conduct was cynical and manipulative. However most of the conduct occurred when he himself was very young, and he had had a dysfunctional upbringing. The Court reduced the sentence to ten and a half years, and also ordered that the defendant's name be suppressed to protect the victims. Judgment Date: 19 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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