New Zealand Case Law: Decisions & Judgments

Topic

Registration order

Legal area

Court

18 Oct 2022

BRADY v R [2022] NZHC 2697

Citation

[2022] NZHC 2697
Court

High Court

Applying the s9 factors and the Supreme Court two-stage test from D, the High Court concluded the appellant posed a medium-low risk to the sexual safety of children; the seriousness, repeated nature, age disparity and grooming context made the offending sufficiently grave and the reporting requirements of registration had utility in addressing relevant dynamic risk factors, so a registration order was proportionate and justified.
20 Jun 2019

R v NEW ZEALAND POLICE [2019] NZHC 1428

Citation

[2019] NZHC 1428
Court

High Court

The High Court found the District Court Judge was plainly wrong to assess the appellant as posing a high risk to the sexual safety of children because that conclusion conflicted with the psychologist's low-to-low-moderate risk assessment, family testimony, absence of prior offending, appellant's age and health, and inadequate application of the s 9(3) factors; consequently the registration order was quashed.
19 Jul 2018

RODGERS v R [2018] NZHC 1800

Citation

[2018] NZHC 1800
Court

High Court

A sentencing/judicial officer may not rely on evidence of offences of which the accused has been acquitted to satisfy the s9 threshold for a registration order because the presumption of innocence as to those acquitted charges remains in force and cannot be displaced by applying a civil or lower standard of proof; the registration order must therefore be reconsidered without regard to the acquitted sexual connection charges.

New Zealand Case Law

BRADY v R [2022] NZHC 2697

R v NEW ZEALAND POLICE [2019] NZHC 1428

RODGERS v R [2018] NZHC 1800