13 May 2021
VAN DER MERWE v R [2021] NZHC 1108
- Citation
- [2021] NZHC 1108
- Court
- High Court
The High Court dismissed the appeal: the District Court's starting point placed the offending at the upper end of band one/bottom of band two under R v AM and was not manifestly excessive given the aggravating features (persistence, breach of trust, victim vulnerability, filming and serious harm); the uplift for additional objectionable publications was modestly lenient but did not render the overall sentence wrong; the sentencing discounts were generous and properly applied; bail pending any Court of Appeal leave application was continued.