Sexual violation by unlawful sexual connection — sexual offending — oral sex — sexual offending by HIV positive defendant — R v AM [2010] NZCA 114 — Mussa v R [2010] NZCA 123. The defendant was sentenced for performing oral sex on the victim when he had fallen asleep. The victim needed to undergo medical procedures to ensure that he did not contract the HIV virus from the defendant who was positive at the time of the offending. The court identified four aggravating features of the offending being: the vulnerability of the victim, the breach of trust, the defendant's status as an HIV positive person and the impact of the offending on the victim. The defendant was given a small discount for his late guilty plea and was sentenced to four years and six months' imprisonment. The court declined to impose a minimum period of imprisonment. Judgment Date: 23 January 2018.