15 Jul 2022
HOPKINS v R [2022] NZCA 317
- Citation
- [2022] NZCA 317
- Court
- Court of Appeal
The Court held the sentencing Judge did not err: the presumption of imprisonment under s128B was not displaced because the seriousness of the sexual violation, the appellant's position of trust, and the enduring harm to the complainant outweighed his youth at the time and long period of good conduct; the Judge did not improperly penalise the appellant for not admitting guilt but reasonably found there was no basis to reduce the sentence to home detention.
- Sexual violation
- Presumption of imprisonment
- Home detention
- Historical child sexual abuse
- Appeal against sentence