Sentencing — unlawful sexual connection — sexual violation by rape — Sentencing Act 2002, s 86 — R v Tipene [2009] NZCA 343 — R v Bond [2016] NZHC 2561 — R v Olver [2012] NZHC 706 — Lawson v R [2023] NZCA 297 — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750. The defendant was to be sentenced for sexual violation by unlawful sexual connection and sexual violation by rape. The victim was sleeping next to her son in her home when she woke up to the defendant holding a knife against her throat. The defendant covered up his face and threatened the victim that if she screamed he would stab her and her son. The defendant sexually violated the victim while telling her repeatedly that he was going to kill her son if she screamed. After the defendant finished, he took the victim's car keys and told her to go with him, but when they were outside the victim was able to scream and the defendant ran away. The defendant was found after DNA samples identified him from a previous conviction. The starting point was set at 13 and a half years' imprisonment. The aggravating features were home invasion, premeditation, breach of trust (the defendant and victim were related), the seriousness of the offending, the nature of the offending and the victim impact. The mitigating factors included the defendant's age at the time of the offending, guilty plea and background circumstances. The final sentence was reduced to six years and nine months' imprisonment. Judgment Date: 14 May 2024