New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Inherent harm
  • 24 Sept 2019

    HAWKEN v R [2019] NZCA 450

    Citation
    [2019] NZCA 450
    Court
    Court of Appeal

    The Court dismissed the sentence appeal because the District Court correctly identified and weighed significant aggravating features (17-year age gap, repeated penetrative intercourse, vulnerability and caregiver role breached, prior similar conviction, efforts to suppress evidence) and placed proper, not excessive, weight on inherent harm; the starting point and final sentence were within the range established by appellate authority (notably R v H and R v Johnson).