New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mistaken belief in consent

  • 21 Jun 2021

    KAWITI v R [2021] NZCA 257

    Citation
    [2021] NZCA 257
    Court
    Court of Appeal

    The sentencing Judge did not err: the jury's guilty verdict on rape permitted the Judge to accept the complainant's account (including impairment from GBL), the differing verdicts were reasonably reconciled by the jury not being satisfied that digital penetration occurred, and there was no evidential basis to infer a mistaken but unreasonable belief in consent that would reduce culpability; the sentence was therefore appropriate and the appeal is dismissed.

  • 17 Jun 2015

    TAGIAO AH-CHONG v R [2015] NZSC 83

    Citation
    [2015] NZSC 83
    Court
    Supreme Court

    Section 129(2) is to be interpreted in context with s 128 and s 129(1): the mens rea for assault with intent to commit sexual violation requires the same objective component as for sexual violation itself — the accused must not believe on reasonable grounds that the complainant consents to the intended sexual intercourse. Proximity between the assault and the intended sexual intercourse limits over‑reach. On the facts the jury accepted the complainant's account and there was no evidential basis for any belief in consent, so the conviction was upheld.