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R v Black [2018] NZDC 5566

Published 16 May 2019

Sentencing — abduction — rape — sexual violation by unlawful sexual connection — male assaults female — breaching protection order — injuring with intent to injure — assault with intent to injure — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — R v Taueki [2005] 3 NZLR 372 — Sentencing Act 2002, s 86. The defendant appeared for sentence on three separate groups of offences. In the first group of offending, the defendant had met a woman and gone back with her to his flat. She then lost consciousness, and woke to discover she was bound and gagged. The defendant then raped her before she managed to escape. The second group of offending involved the defendant's ex-partner, who had previously obtained a protection order and trespass notice against him. The defendant assaulted the victim while on an outing, later assaulting her again and attempting to abduct her. She was seriously injured. The third group of offending involved an assault on a fellow inmate in a prison cell. The Court found that the first two groups of offending were premeditated. The defendant had an extensive record, including some 26 convictions involving violence. The defendant had pleaded guilty to the second and third groups of offending, although denied the first and showed limited remorse. The defendant was sentenced to nine years six months on the sexual offending charges, two years three months on the domestic violence charges, and six months on the prison assault charge. The total sentence was 12 years' imprisonment, with a minimum period of imprisonment on the sexual offending of 50 percent of the term (four years nine months). Judgment Date: 22 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *