R v Arona [2018] NZDC 1608

Published 18 September 2018

Male rapes female — sexual assault — unlawful sexual connection — sentencing — R v AM [2010] NZCA 114. The two defendants appeared for sentence having been found guilty of various sexual offending. The defendant, the victim and some friends eventually ended up back in a room together after a music performance. The victim was given some cannabis which caused her to black out. Whilst she was unable to move, the defendants sexually assaulted her. Aggravating features include the vulnerability of the victim, breach of trust, emotional harm and the number of defendants involved in the offending. An uplift was applied on the separate and distinct offense of unlawful sexual connection. As both defendants denied the offending, no discount was given for remorse, however a 10 percent reduction was given for the defendant's otherwise good character. Both defendants were sentenced to a total of eight and a half years' imprisonment. Judgment Date: 31 January 2018