Published 30 August 2019
Sentencing — sexual violation by rape — sexual violation by unlawful sexual connection — injuring with intent to injure — minimum period of imprisonment — R v AM [2010] NZCA 114 — R v Taueki [2005] 3 NZLR 372 — Archer v R [2018] NZCA 331 — R v Dunick [2008] NZCA 482 — Ritebono v R [2018] NZCA 598 — R v M [2003] 3 NZLR 481 — Sentencing Act 2002, ss 8(e) & 86. The defendant appeared for sentence on two charges of rape, two of sexual violation by unlawful sexual connection, and one of injuring with intent to injure. He and the victim were in an off and on relationship. One night he tricked her into going with him to an isolated area where he sexually assaulted and raped her, and then punched her twice before she managed to escape. The aggravating features were premeditation, the vulnerability of the victim (because the offending happened in an isolated area at night), use of violence, the major impact on the victim, and the scale of the offending (two rapes and a range of sexual violations). The Court set a start point of ten and a half years, applying a reduction of four months for time spent on electronic bail. Given the defendant's hostility towards the victim and lack of insight into his offending, the Court decided to impose a minimum period of imprisonment of five years. The final sentence was ten years two months. Judgment Date: 22 February 2019. * * * Note: names have been changed to comply with legal requirements. * * *
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