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R v Andrews [2020] NZDC 22993

Published 27 April 2022

Sentencing — sexual violation by unlawful sexual connection — Sentencing Act 2002, s 27 — R v AM [2010] 2 NZCA 114 — Moses v R [2020] NZCA 296. The defendant appeared for sentence on a charge of sexual violation by unlawful sexual connection. He had forced the victim to perform oral sex on him. The defendant had pleaded guilty after receiving a sentencing indication of five years nine months' imprisonment. The offending was aggravated by occurring within a domestic relationship; the defendant's controlling and manipulative behaviour within that relationship; and major impact on the victim. In mitigation the defendant was remorseful, had suffered a traumatic upbringing and had prospects for rehabilitation. Together with a discount for guilty plea, the final sentence was three years nine months' imprisonment. Judgment Date: 6 November 2020