Sentencing — sexual violation by unlawful sexual connection — intentional damage — R v Rapatini (1998) 16 CRNZ 311 — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — Barnes v R [2018] NZCA 42, [2018] 3 NZLR 49 — R v Taurae [2017] NZHC 2756 — Sentencing Act 2002, ss 27 & 86C. The defendant was for sentence on charges of sexual violation by unlawful sexual connection and intentional damage. He had been found guilty by a jury. The sexual violation had occurred while the defendant was serving a prison sentence. His cellmate (the victim) had objected to a comment that the defendant made. The defendant responded by pinning the victim to the cell wall and digitally penetrating his anus three times. Given the vulnerability of the victim, the degree of violation, the violence used, the breach of trust, the fact that the offending occurred in prison, and the harm to the victim, the Court set the start point at four years' imprisonment. The Court then reduced this amount because of factors in the defendant's background; the Court declined to make a further reduction for the fact that this was the defendant's second strike offence, meaning he was ineligible for parole or early release. The final sentence was three years four months' imprisonment, as well as reparations of $812 for damage that the defendant had caused in the courtroom during his trial. Judgment Date: 2 February 2022.