Sentencing — rape — unlawful sexual connection — indecently assaulting a person under 12 years — indecently assaulting a girl aged between 12 and 16 years — Child Protection (Child Sex Offender Government Agency Registration) Act 2016 — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750. The defendant was for sentence on two charges of rape and one each of unlawful sexual connection (representative), indecent assault on a person under the age of 12 and indecent assault on a person between the ages of 12 and 16. The bulk of the offending occurred over a five-year period when the defendant was looking after or playing with the victim. The Court listed the aggravating features as being the nature and extent of the offending (including one incident where the defendant had choked the victim), abuse of trust, and harm caused. The start point for sentence was 12 years' imprisonment. In mitigation the defendant had been young at the time that most of the offending had occurred. The Court observed that if the defendant had been charged at the time of offending, he would have appeared in the Youth Court. Also the defendant had pleaded guilty, had had developmental problems, had participated in restorative justice, had suffered abuse as a child, and was willing to attend treatment. The discounts brought the total sentence to 22 months' imprisonment, and in the circumstances the Court found the appropriate sentence to be one of 12 months' home detention along with 200 hours' community service. The defendant was required to get treatment, and the Court would monitor his sentence to ensure that he was participating. If he was not, the Court would sentence him to imprisonment. Judgment Date: 16 June 2023