11 Jul 2023
RAIHAN MOHAMMED v R [2023] NZCA 295
- Citation
- [2023] NZCA 295
- Court
- Court of Appeal
The Court held the Judge did not err in admitting limited prior sexual experience (kissing) evidence under s 44 because the defence had placed that material in issue and it was directly relevant to motive and complainant credibility; the Judge's misstatement about the Crown's reliance on timing was immaterial and did not cause miscarriage of justice; a global starting point of four years and a final sentence of two years and ten months (after mitigation) was available and not manifestly excessive, so both convictions and sentence were affirmed.