19 Apr 2021
WETERE v R [2021] NZCA 119
- Citation
- [2021] NZCA 119
- Court
- Court of Appeal
The Court dismissed the appeal: given the complainant was asleep at first penetration s128A(3) precluded consent and there were no reasonable grounds for the appellant to believe in consent; absence of protest could not by itself support reasonable belief under s128A(1) and prior unprotested acts did not create reasonable grounds for subsequent acts; the Crown's invitation to 'put yourself in her shoes' was legitimate response to the defence and, coupled with the judge's dispassionate directions and lack of objection, did not cause a miscarriage of justice.