Published 25 July 2022
Sentencing — sexual violation by rape — sexual conduct with a child under 12 — indecent assault — offending against family member — Sentencing Act 2002 — Criminal Procedure Act 2011, s 147 — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750 — Donaldson v R [2019] NZCA 338. The defendant appeared for sentence on one charge of sexual violation and one charge of sexual conduct with a child. The victim had a close familial relationship with the defendant and the offending occurred on two occasions. Aggravating features were the premeditation, major breach of trust, vulnerability of the victim, and likely impact to the victim that would manifest later in her life. The Court found that the offending fell into band 2 of R v AM and set a starting point of 10 years and six months' imprisonment. In mitigation the defendant had shown remorse, was a first time offender, apologised to the family, and pleaded guilty on the day of trial for which the judge applied a 15 per cent discount. The final sentence was eight years 11 months, and the defendant was registered on the Child Sex Offender Register. Judgment Date: 3 May 2021 * * * Note: names have been changed to comply with legal requirements. * * *
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