R v Lavea [2018] NZDC 451

Published 26 November 2018

Sexual violation — victim guest in defendant's household — repeated offending over two-week period — abuse of trust. The defendant had pleaded guilty to four charges of sexual violation. The victim was a member of the defendant's extended family and had been a guest in his household at the time when the offending occurred. The defendant indecently assaulted and sexually violated the victim on four occasions over a two-week period. The defendant had acknowledged the offending as soon as he was confronted about it. The Crown argued that the offending had aggravating features including the scale of the offending, planning and premeditation, and the victim's young age. There was also a significant abuse of trust. The Court adopted a starting point of four years nine months. Following reductions to recognise the defendant's previously clear record, his remorse and his early guilty plea, a final sentence of three years' imprisonment was given. Judgment Date: 15 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *