Published 15 August 2019
Sentencing — sexual violation — incest — indecent conduct with a young person — band 4 offending — R v AM [2010] NZCA 114. The defendant appeared for sentence having pleaded guilty to seven charges of sexual violation (two being representative), a charge of attempted sexual violation and a representative charge of indecent conduct with a young person. The victim was his granddaughter. The Judge found the offending fell into band 4 of R v AM and adopted a starting point of 16 years. This was based on the aggravating features of the offending, namely: the frequency, range and degree of the violations, the premeditation and planning, the harm to the victim, the breach of trust and the victim's vulnerability. The Judge granted a discount of 25 percent for the defendant's poor health and old age, including the relative difficulty those factors add to his sentence. The Judge also granted the defendant a 25 percent discount for his guilty plea, bringing the end sentence to nine years' imprisonment on the representative sexual violation charges, with the remaining charges to be served concurrently. Judgment Date: 15 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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