28 Aug 2023
ROBERTS v R [2023] NZHC 2360
- Citation
- [2023] NZHC 2360
- Court
- High Court
The High Court upheld the District Court's sentence as not manifestly excessive: a six year starting point for the rape (oral penetration) falling in band one was appropriate given the penetration, level of violence, victim vulnerability, invasion of the home and presence of a child witness; a ten month uplift for strangulation (forming part of a seven year combined starting point) and a 12% uplift for prior violent offending were within range; a five per cent discount for background and a 22% guilty plea credit were properly applied resulting in a global sentence of five years and eleven mon…