Sentencing — sexual violation by rape — indecent assault — vulnerable complainant — three strikes warning — R v AM [2010] 2 NZLR 750. The defendant appeared for sentencing having been found guilty by a jury of sexual violation by rape and indecent assault. The defendant asked the complainant if she wanted a ride. She accepted. The defendant argued that she was a consenting person and that he did not penetrate her, but the jury accepted the account of the complainant and the DNA evidence found that was consistent with penetration. The complainant was being treated at the time for a mental disorder, but the defendant was not aware of this. The Judge cited R v AM and determined a starting point of six years and nine months' imprisonment. There was no discount for remorse as the defendant did not accept the verdict, but the Judge did grant a reduction of 12 months for time spent on remand, restrictive bail conditions and the time it took to reach a hearing (in all, nearly three years). The final sentence was five years and nine months for the rape charge and one year for the indecent assault, served concurrently. Finally, the defendant was also given a three strikes warning. Judgment Date: 17 October 2018.