Published 17 April 2019
Sentencing — rape — unlawful sexual connection — burglary — three strikes warning. The defendant appeared for sentencing after pleading guilty to three charges; one of sexual violation by rape, one of sexual violation by unlawful sexual connection and one of burglary. The Judge had previously provided the defendant with a sentencing indication that he accepted. It provided a starting point of eight years, having taken into account the defendant's New Zealand Army service, his strong family support and his lack of previous convictions. The Judge reduced the sentence by six months for those mitigating factors, and then discounted 25 percent for the defendant's guilty plea, bringing the sentence to five years and seven months' imprisonment for the sexual violation by rape charge. No discounts were given for remorse and rehabilitation, as the defendant continued to maintain that his drink was spiked and he could not remember the offending. The final sentence was five years seven months' imprisonment. The Judge also gave the defendant a three strikes warning. Judgment Date: 12 March 2018.
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