New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Indecent assault of a child under 12

Legal area

Court

22 Jul 2021

MEN v R [2021] NZHC 1860

Citation

[2021] NZHC 1860
Court

High Court

The appeal succeeds in part: the trial judge's reasons were insufficient to support convictions on the five representative charges because they risked conflating incidents proven for specific charges with those alleged in representative counts; those convictions are set aside and a new trial is ordered for the representative charges. The convictions on the specific charges and the sentence of three years and two months' imprisonment are upheld as not manifestly excessive.
6 Sept 2017

R v MCGREGOR [2017] NZHC 2150

Citation

[2017] NZHC 2150
Court

High Court

Preventive detention was considered but rejected because the offender's youth and potential for rehabilitation outweighed factors favouring preventive detention; appropriate finite sentencing was a nine year starting point for the sexual violation counts uplifted by 12 months for possession of objectionable images, reduced for totality, youth (10%) and guilty plea (approximately 25%), producing a final concurrent sentence of six years four months' imprisonment with a minimum period of imprisonment of three years nine months; ancillary sentences for indecent assault and objectionable publicati…