Published 13 January 2025
Sentencing — sexual violation — unlawful sexual connection — doctor/patient — Crimes Act 1961, s 128B — Sentencing Act 2002, s 9 — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — King v R [2015] NZCA 475 — Solicitor-General v Mazahrih [2017] NZHC 943 — R v Jackson CA 477-96, 24 March 1997 — R v Fernando HC New Plymouth CRI 2004-043-002794, 15 November 2006 — R v Naidu DC Wellington CRI-2009-091-002878. The defendant appeared for sentence, having been found guilty by a jury on one charge of sexual violation by unlawful sexual connection. The defendant was a doctor and had inappropriately touched a female patient during what was supposed to be a visual examination. The victim had complained to the Health and Disability Commission in relation to the incident. The Court adopted a starting point of three years and nine months' imprisonment. The aggravating features of the offending were a level of premeditation, breach of trust and vulnerability of the victim. The Court assessed the premeditation and vulnerability features as low to moderate, and the breach of trust as high. The Court then considered mitigating factors. The defendant did not accept the result of the trial and did not show any remorse. The only discount available was for previous good character. Counsel for the defendant submitted a 30 per cent discount was justified; however, the Court noted that several actions on the part of the defendant prevented this full discount. The defendant had challenged the victim's credibility at trial, and had also misled the Health and Disability Commission by failing to advise that he had changed the clinical notes in relation to the incident. The Court gave the defendant a 25 per cent discount for previous good character. The end sentence was one of two years and eleven months' imprisonment. The applicant sought permanent name suppression, which was adjourned to a later date. NB: permanent name suppression for the defendant was declined. Judgment Date: 10 October 2019.
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