Published 24 June 2019
Sentencing — sexual violation by rape — sexual violation by unlawful sexual connection — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — R v M T [2016] NZHC 2374 . The defendant appeared for sentence after pleading guilty to one charge of sexual violation by rape and one of unlawful sexual connection by digital penetration. The victim was his young sister. The Court set a starting point of seven years' imprisonment, noting that the aggravating features of the offending were the fact that the defendant was the victim's brother, unprotected rape, breach of trust and the victim's young age. The only mitigating feature was the defendant's youth, for which the Court allowed a 10 percent discount. With an additional 25 percent discount for guilty plea, the final sentence was four years six months. Judgment Date: 2 October 2018. ***Note: names have been changed to meet legal requirements.***
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