29 Apr 2023
C (CA537/2022) v R [2023] NZCA 121
- Citation
- [2023] NZCA 121
- Court
- Court of Appeal
On a rehearing of the threshold the Court was satisfied, applying s 9(3) factors, that the appellant posed a real and genuine risk to the sexual safety of children generally given the nature and seriousness of the index offence, the appellant's prior similar sexual offending, the significant age disparity and breach of trust, and the role of alcohol combined with lack of professional treatment; the sentencing Judge did not err in exercising the discretion to make a registration order and any mistaken belief about ability to apply for removal was not material to the decision.