R v Hofmann [2018] NZDC 8401

Published 14 June 2018

Indecent assault — sentencing — Hishon v R [2016] NZCA 558. The defendant was sentenced on one charge of indecent assault having entered a late guilty plea on the charge. The defendant had entered the victim's home and offered to sell her cannabis, after the victim refused the offer, the defendant assaulted her by grabbing her buttocks, attempted to touch her genitalia, tried to kiss her and attempted to have the victim perform oral sex on him. The court took a starting point of two years' imprisonment, having regard to the persistent, forceful assaults on the victim, the fact that the offending occurred inside the victim's home, the offending took place in front of the victim's child and the effect of the offending on the victim. The court uplifted this starting point with reference to the defendant's previous convictions for indecent assault, and to account for the fact that the offending occurred whilst the defendant was subject to a sentence. Discounts were given for the defendant's age and his late guilty plea. The defendant was sentenced to 21 month's imprisonment which the defendant was required to serve in full as he was subject to a second strike. The court declined to leave the option to apply for home detention open during the course of the sentence with reference to the defendant having not demonstrated that he was taking responsibility for the offending. Judgment Date: 27 April 2018.