R v Fea [2018] NZDC 1985

Published 09 October 2018

Sexual offending — rape — historic offending — sentencing — R v AM [2010] NZCA 114 — Child Sex Offender Government Agency Registration Act, s 12. Over twenty years ago the defendant was driving his vehicle when he pulled up next to the victim and a friend and offered them a ride. The defendant drove the victim and friend to a nearby empty building, offered them cannabis and told them that he would drive them to their destination but wanted to know what they would give him in return. The defendant asked the friend to leave the vehicle and had sexual intercourse with the victim; the victim had initially agreed to kiss the defendant and was scared of what the defendant might do to her during and following the attack. The defendants identity remained unknown until retesting located the defendants DNA on her underpants. Aggravating features included the victim's young age, that the victim had told the defendant she had run away from home so was vulnerable, the degree of premeditation and the harm suffered. The defendant was sentenced to six years' imprisonment. Judgment Date: 7 February 2018