Sentencing — rape — unlawful sexual connection — breach of trust — R v AM [2010] NZCA 114, [2010] 2 NZLR 750 — Rolleston v R [2018] NZCA 611 — Ritebono v R [2018] NZCA 598 — Henry v R [2017] NZCA 92 — R v Barnett [2012] NZHC 498. The defendant had been convicted on two counts of unlawful sexual connection with a child under the age of 12, both of which carry a maximum penalty of 20 years' imprisonment. The offending occurred when the defendant lived in a caravan in the victim's family's backyard. The victim had a developmental delay meaning his cognitive functions were at the age of five. The Court considered the early guilty plea as a mitigating factor, as well as the fact that the defendant himself had suffered sexual abuse at the hands of his father in his youth, and that the defendant exhibited some poor cognitive abilities which would render him particularly vulnerable in prison. The Court also considered the fact that the offending was a one-off occurrence, but was quite serious in the sense that both offences fell into the category of rape. Aggravating factors included a moderate level of premeditation — the defendant invited the victim into his caravan when he knew the victim was not allowed to be in there — and the vulnerability of the victim due to the victim's age and mental capacity and because of that, the breach of trust. The Court started with a term of 9-10 years' imprisonment, discounting the full 25 per cent for the early guilty plea, and a further 10 per cent for the defendant's mitigating factors mentioned above. A final sentence of six years and four months was reached. Judgment Date: 1 July 2019. * * * Note: names have been changed to comply with legal requirements. * * *