22 Sept 2020
C (CA210/2020) v R [2020] NZCA 443
- Citation
- [2020] NZCA 443
- Court
- Court of Appeal
The Court held the District Court judge correctly applied the statutory three-step test, properly treated rehabilitative courses as mitigating but reasonably concluded they did not outweigh the seriousness of prolonged offending against a child involving breach of trust and significant impact; the risks to employment and registration did not render a conviction out of all proportion to the gravity of the offending given statutory exemption and registration mechanisms and the appropriateness of employers/registration boards to assess fitness, therefore refusal to grant a discharge without conv…