R v Brown [2018] NZDC 5093

Published 13 June 2019

Sentencing — sexual violation by unlawful sexual connection — indecent assault — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence having been convicted on one charge of sexual violation by unlawful sexual connection and one charge of indecent assault. The defendant and the complainant's mother had separated, and the complainant occasionally went and stayed with the defendant. On one such occasion, the defendant and complainant played a game, which turned sexual culminating in the offending which led to the sexual violation and indecent assault charges. The Court found several aggravating features of the offending. There was a degree of premeditation, and the victim was highly vulnerable, owing to the enormous age difference between her and the defendant. Also there was a major breach of trust, as the defendant was effectively the complainant's step-father. The Court set a starting point of five years' imprisonment, and did not alter this sentence. The Court also gave the defendant a three-strike warning, and set a minimum parole period of two and a half years, saying this was to deter this type of offending, which is at "epidemic" levels in the country. Judgment Date: 16 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *