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R v Bernard [2019] NZDC 3918

Published 23 August 2019

Sentencing — sexual conduct with a child under 12 — sexual violation by unlawful sexual connection — sexual violation — R v AM (CA27/2009). The defendant appeared for sentencing after being found guilty by a jury of his peers on charges of both specific and representative charges of sexual conduct with a child under 12, sexual violation by unlawful sexual connection and sexual violation by penetration. For more than a year the defendant had sexually abused the daughter of his partner. The Judge compared the offending to the guiding tariff case of R v AM, finding that it fell in band 2 and band 3. A starting point of 11 and a half years' imprisonment was adopted. There were no mitigating factors or other reductions available to the defendant as he denied the offending and showed no remorse. On the lead charges of sexual violation the defendant was sentenced to 11 and half years' imprisonment. On the remaining charges he was sentenced to five years' imprisonment, to be served concurrently. Judgment Date: 1 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *