Published 13 June 2019
Sentencing — rape — intellectually disabled victim — R v AM [2010] NZCA 114 — Sentencing Act 2002, s 9. The defendant appeared for sentence on a charge of rape. The victim was his partner's intellectually disabled daughter. The victim had become pregnant as a result and the pregnancy had to be terminated. Aggravating features of the offending were the breach of trust; a very vulnerable victim; and serious harm. The court observed that the victim would likely suffer lifelong trauma despite her disability. There were no mitigating features. The court found that the offending fell on the cusp of bands 2 and 3 of R v AM, setting a starting point of 12 years' imprisonment. The defendant earned an 18-month discount for guilty plea, for a total sentence of ten and a half years' imprisonment. Given the high degree of harm, the need to protect the community, and the defendant's continued denial of the offending, the court set a minimum period of imprisonment of 50 percent of the term. Judgment Date: 21 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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