Published 14 March 2024
Sentencing — sexual violation by rape — sexual violation by unlawful sexual connection — Berkland v R [2022] NZSC 143 — R v AM (CA27/2009) [2010] NZCA 114, [2010] 2 NZLR 750. The defendant appeared for sentence on charges of sexual violation by rape and sexual violation by unlawful sexual connection. He had climbed through a window into the victim's bedroom at night while she was asleep. He then digitally penetrated and raped her before leaving. A jury had rejected the defendant's claims that the victim had consented. The start point for sentence was eight years' imprisonment. After reductions for time spent on restricted bail, matters mentioned in a s 27 report, and the defendant's relative youth at the time of the offending, the final sentence was five years two months' imprisonment. Judgment Date: 21 June 2023.
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