R v Tamihana [2018] NZDC 12357

Published 17 May 2019

Sentencing — indecent assault — sexual violation — attempted sexual connection — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence having pleaded guilty to two charges of indecent assault, sexual violation and attempted sexual connection. The victim was his grandson. The offending related to a single incident during which he also threatened to harm his grandson and the rest of the family if his grandson called out to them. The Court found that many of the aggravating factors identified in R v AM, including the vulnerable victim, large-scale offending, breach of trust, degree of violation and age disparity, were present in this case. The offending fell into the middle of band 2 of R v AM, meaning a start point of six years. Discounts were given for early guilty plea and remorse, meaning a final sentence of four years' imprisonment. The Court also ordered that his name be suppressed to protect the victim, and that he be placed on the sex offenders' register. Judgment Date: 21 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *