Sentencing — rape — mental impairment — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — R v Stusky [2009] NZCA 197. The defendant appeared for sentence after being found guilty of raping a teenage girl 13 years ago. The defendant had followed the complainant around while she was drunk and lost before eventually dragging her to a secluded spot off the street and raping her while she pretended to be unconscious in order to make him leave her alone. The offending came to light after DNA evidence linked the defendant to the complainant's rape kit. The Judge referred to the tariff case of R v AM and found the rape was at the higher end of band one. A starting point of seven and half years' imprisonment was adopted. Aggravating features of the offending were the complainant's vulnerability due to her young age and intoxication, as well as the prolonged period of time the defendant followed her around. The defendant had pleaded not guilty, denied the offending and showed no remorse. The Judge then considered the defendant's low intelligence and stated that the defendant was only 20 at the time and young people tend to make silly decisions at that age. The defendant also had family support and two jobs. A reduction of 40% was given for these mitigating factors. Finally, the defendant's family could afford to pay $5200 for emotional harm reparation and the defendant received a further four month discount for this. The end sentence was three years and eight months' imprisonment. Judgment Date: 1 March 2019.