Published 11 September 2023
Sentencing — sexual exploitation of a person with a significant impairment — Crimes Act 1961, s 138 — Sentencing Act 2002, s 9(2). The defendant appeared for sentencing on two charges of sexual exploitation of a person with a significant impairment. He became friendly with an intellectually-disabled local woman (the victim). Subsequently, the defendant twice engaged in sexual conduct with the victim by directing her to perform oral sex on him. The start point for sentence was four years six months' imprisonment. The defendant sought discounts for his disadvantaged background, substance abuse disorder and efforts at rehabilitation. The Court was unable to find a significant connection between the defendant's background and substance abuse problems, meaning that the discount was limited to 10 per cent. The defendant was allowed further reductions of remorse and guilty plea. The final sentence was two years eight months' imprisonment. Note: the sentence was appealed and allowed, and replaced with a sentence of two years and three months' imprisonment. Judgment Date: 9 September 2022.
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