9 Jun 2016
R v NELSON [2016] NZHC 1236
- Citation
- [2016] NZHC 1236
- Court
- High Court
The Court held as a matter of law that fraudulent representations about future employment or payment did not vitiate consent in these circumstances because each complainant understood the sexual nature of the acts and knew the identity of the participant; therefore a properly directed jury could not reasonably convict on the listed charges and those charges were dismissed under s147 Criminal Procedure Act 2011; any extension of s128A to cover this type of fraud is a matter for Parliament.