R v Lin

Shu-Ping Lin was convicted of one count of sexual violation by rape and one count of wounding with intent to cause grievous bodily harm. The victim of the rape was a former partner of Lin, while the victim of the wounding was her new partner. The court was required to determine the appropriate sentence for Lin, considering the nature and gravity of the offences, the personal circumstances of Lin, and the effect on the victims. The court also had to decide whether to impose cumulative or concurrent sentences.

The court determined that the rape offence fell within band 1 of the sentencing bands, but nearer the upper end of that band. The court found that the offence involved a degree of violence and was a case of home invasion, even though Lin had a key to the property. The court also considered the physical and emotional harm suffered by the victim. The wounding offence involved the use of a large kitchen knife and resulted in significant injuries to the victim. The court found that the use of weapons and the attack on the head justified a higher starting point for the wounding charge. The court took into account Lin's previous good character, support from family and friends, low risk of re-offending, and the hardship of serving a prison sentence in New Zealand with limited English proficiency. The court decided that cumulative sentences were appropriate, as the offences were different in nature and caused harm to different victims. The court also considered the totality of the offending, resulting in an effective sentence of nine years.

The court sentenced Lin to cumulative terms of imprisonment of six years and six months on the rape count and two years and six months on the count of wounding with intent to cause grievous bodily harm. The sentences will be cumulative, resulting in an effective combined term of nine years.