R v Cooper 2018 NZDC 4665

Published 15 March 2019

Sentencing — sexual violation by rape — withdrawn consent — assault with intent to commit sexual violation — injuring with intent to injure — R v AM [2010] NZCA 114 — R v Nuku [2004] BCL 1053 — R v A [1994] 2 NZLR 129 — R v Bloor [2014] NZHC 2086. The defendant appeared for sentencing, having been found guilty by a jury on three charges; one of sexual violation by rape, one of assault with intent to commit sexual violation, and one charge of injuring with intent to injure. The victim was the defendant's former partner. The defendant returned home, having been out drinking, and suggested sexual intercourse. The victim reluctantly agreed, but withdrew her consent when the defendant became rough, pulling her hair and pinning her down. In relation to the violence charge, the defendant punched the victim in the jaw and, when she retaliated, punched her twice more including to the nose. In determining the starting point, the Judge considered R v AM and, after weighing relevant case law, held that this offending fell into the lower end of band 1, warranting a starting point of six years' imprisonment. On the injuring charge, the Judge found this fell into band 1 of R v Nuku, and added an uplift of six months. The Judge then granted a discount for the defendant's recognition of the consequences of his offending and his willingness to make amends and undergo treatment, bringing the final sentence on the rape charge to five years and four months. Concurrent sentences of nine months and six months were handed down for the charges of assault with intent to commit sexual violation and injuring with intent to injure, respectively. Judgment Date: 9 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *