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R v Radclyffe [2018] NZDC 515

Published 15 January 2019

Wounding with intent to injure — sexual violation by unlawful sexual connection — two separate victims — band one offending. The defendant faced sentencing for one charge of wounding with intent to injure and two charges of sexual violation by unlawful sexual connection. The defendant had attended a party where he met and subsequently sexually assaulted the first victim. Having managed to escape, the victim told a friend of hers, who confronted the defendant with the allegation. The defendant responded by assaulting and seriously injuring him. The Judge adopted a starting point of three and half years' imprisonment for the sexual violation charges, as the offending involved an element of premeditation and a victim who was at the time a vulnerable person. With regards to the wounding charge, the Judge adopted a start point of 15 months, as it was a prolonged assault leading to serious injury. The defendant earned a 15 percent discount on this charge by pleading guilty to the wounding. The Judge sentenced the defendant to three and a half years' imprisonment for the sexual violation charges and twelve months for the wounding charge, and also directed that the defendant be registered as a sex offender. As the offending involved different types of offending and different victims, the sentences were to be served cumulatively, resulting in a total effective sentence of four and a half years' imprisonment. Judgment Date: 16 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *