Sentencing — rape — kidnapping — sexual assault by former partner — burglary — assault with intent to injure — R v AM [2010] NZCA 114. The defendant appeared for sentencing having been found guilty by a jury of charges of rape (both specific and representative), burglary, detaining, assault with intent to injure, kidnapping and threatening to kill. The defendant had previously been in a relationship with the victim. She had ended the relationship and, on an evening when she was home alone, the defendant stalked the victim, entered the house without consent, and burst into the victim's locked bedroom. The defendant then persuaded the victim to have consensual intercourse with him. Shortly afterwards and against her express dissent, the defendant engaged in a second act of intercourse. Further sexual offending took place over a period of several hours. Having been detained in her home, the victim agreed to go to a restaurant with the defendant. He returned to her home afterwards where he physically attacked the victim, forced her into a car, drove her around for several hours and threatened her. The total offending extended for more than 12 hours. The Judge viewed the offending as sitting in band 2, per R v AM, and settled on a sentence of nine years' imprisonment for the sexual offending. The Judge emphasised that while there were many distinct components that could be taken as aggravating factors, the proper approach was to view this offending in totality; a serious, but single instance, of offending by a possessive and controlling ex-partner. The Judge sentenced the defendant to nine years' imprisonment for the sexual violation charges, two years for burglary, two years for detaining, 18 months for assault with intent to injure, and one year for threatening to kill. The sentence was to be served concurrently. The Judge declined to fix a minimum non-parole period and the defendant received a three strikes warning. Judgment Date: 1 November 2018. * * * Note: names have been changed to comply with legal requirements. * * *