Sentencing — rape — breach of protection order — R v AM [2010] NZCA 114 — Barnes v R [2018] NZCA 42. The defendant appeared for sentence after pleading guilty to charges of rape and breach of protection order. The victim was the defendant's wife, and the defendant had sex with her after she refused consent. Aggravating features were breach of trust, offending while on parole, previous sexual offending, and major impact on the victim. The Court found the offending fell into band 1 of R v AM and set a start point of seven years. The mitigating factors (the defendant's guilty plea, motivation to address his problems, and remorse) brought the final sentence down to four years and eight months. Judgment Date: 20 July 2018. ***Note: names have been changed to comply with legal requirements.***