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R v Fox [2018] NZDC 14148

Published 18 July 2019

Sentencing — indecent act on child under 12 — Anson v R [2014] NZCA 135 — Sentencing Act 2002. The defendant appeared for sentence on three charges of doing an indecent act on a child. Two of the charges were representative. The complainant had been living in the defendant's household at the time of the offending. The defendant had masturbated the complainant and had the complainant masturbate him. Aggravating features of the offending were a vulnerable victim, a gross abuse of trust, repeated offending, premeditation, serious impact on the victim, and attempts to hide the offending. The starting point for sentence was three and a half years. The defendant got a six-month discount for previous good character, so the final sentence was three years. Judgment Date: 12 July 2018. ***Note: names have been changed to comply with legal requirements.***