27 Nov 2020
ANDREWS v R [2020] NZCA 599
- Citation
- [2020] NZCA 599
- Court
- Court of Appeal
Conviction appeal dismissed: the jury, having seen and heard the complainant's evidential interview, could reasonably be satisfied beyond reasonable doubt as to digital and penile penetration and there was no realistic risk of non-unanimity on the representative rape charge given the judge's directions and the evidence; Crown appeal on sentence allowed: the trial judge erred in placing offending in R v AM band 2 instead of band 3, the proper starting point was 12 years, and after a six‑month credit for good character the substituted sentence for charge 6 is 11 years 6 months to be served conc…