23 Apr 2018
O’SHAUGHNESSY v R [2018] NZCA 117
- Citation
- [2018] NZCA 117
- Court
- Court of Appeal
The appeal is dismissed; the Court held that an honest but unreasonable belief in consent caused by voluntary intoxication does not mitigate under the Sentencing Act, premeditation can coexist with a mistaken belief in consent where the defendant knew of the complainant's impairment, and the three year starting point and refusal of a youth discount were appropriate under the AM bands.