Sentencing — indecent act on person under 16 — sexual violation — attempted rape — R v AM [2010] NZCA 114 — three strikes warning. The defendant appeared for sentencing having been found guilty by a jury of three charges of doing an indecent act on a young person under 16, one charge of sexual violation by digital penetration of the vagina and a charge of attempted sexual violation by rape. The victim was known to the defendant and was staying at the defendant's home when the sexual assault took place. The aggravating features of the offending include the premeditation of the assault, the vulnerability of the victim, and the breach of trust. The Judge found the case fell between upper band 1 and lower band 2 of R v AM, and after considering the relevant authorities and taking into account the totality of the offending, the Judge set a starting point of four and a half years' imprisonment. The Judge gave a discount of six months for the defendant's previous good character but no other discounts were available, as the defendant maintained the offending never took place and showed no remorse or empathy to the victim. The defendant was put on the Child Sex Offender Register and given a three strikes warning upon conviction. The final sentence was four years' imprisonment. Judgment Date: 21 March 2018.