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R v Chavez [2018] NZDC 1192

Published 27 August 2018

Sexual violation — sexual conduct with a young person — incest — sentencing — R v AM [2010] NZCA 114. The defendant was sentenced for sexual conduct with his step-daughter, having been found guilty of the charges by a jury. The offending was described by the court as slowly increasing in seriousness and would occur when the victim's mother was away from the home. Aggravating factors were the impact of the offending on the victim, her vulnerability, breach of trust, premeditation and the duration of the offending. The court placed the offending within band 2 of "R v AM" and a small discount was applied to recognise his lack of previous convictions. The defendant was given a strike warning and sentenced to five years and nine months' imprisonment. Judgment Date: 25 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *