Published 05 July 2019
Sentencing — assault with intent to commit sexual violation — Batick v R [2016] NZCA 307 — Ross v R [2017] NZCA 587 — R v Owen [2012] NZHC 499 — R v Iwikau [2016] NZHC 222 — R v Keen [2010] NZCA 112. The defendant appeared for sentence having been found guilty of one charge of assault with intent to commit sexual violation. The defendant visited the victim's home and stayed for a period of time drinking alcohol and viewing pornography. Later he propositioned the victim for oral sex and tried to drag him into a bedroom. That was interrupted by the victim's relative coming to the house but once the relative left, the defendant took off his pants, masturbated, and tried to kiss the victim but was rejected. The defendant then grabbed the victim's hair and tried to force oral sex. The Judge adopted a starting point of three years and six months' imprisonment based on the submissions from the parties and relevant case law. An uplift of six months was imposed for previous offending (the defendant had about 100 past convictions, many involving violence, but none involved sexual violence), bringing the end sentence to four years' imprisonment. Judgment Date: 31 January 2019.
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