Sentencing — sexual violation by rape — sexual violation by unlawful sexual connection — threatening to kill — being a party to sexual violation by rape — being a party to sexual violation by unlawful sexual connection — intentional damage — Sentencing Act 2002, s 38 — R v A [1994] 2 NZLR 129 — R v AM [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence on charges of sexual violation by rape (three), sexual violation by unlawful sexual connection, threatening to kill, being a party to sexual violation by rape, being a party to sexual violation by unlawful sexual connection, and intentional damage. The offending had occurred more than 12 years before, when both the defendant and the victim were in their teens. The defendant and victim had been in a violent and turbulent relationship in which the defendant had raped the victim three times and had once allowed others to rape and violate the victim, as a payment for a drug debt that the defendant owed. The offending was aggravated by the scale and nature of the offending, use of additional violence and threats, planning and premeditation, and major impact on the victim. The start point for sentence was 15 years' imprisonment. The Court recognised that at the time of the offending the defendant was young and out of his depth both in terms of his drug use and relationship issues. He had also experienced a violent and abusive upbringing, and given that he had committed no major offences in the years since the offending, was assessed as being a good prospect for rehabilitation. Further, he had some understanding of the harm he had caused the victim. With discounts for these factors, the final sentence was nine years' imprisonment. Judgment Date: 20 July 2020