17 Mar 2022
R v B (CA697/2021) [2022] NZCA 62
- Citation
- [2022] NZCA 62
- Court
- Court of Appeal
The District Court judge misapplied youth justice principles so as to displace the statutory proportionality test in s 107 Sentencing Act; the consequences of conviction identified were ordinary and not out of all proportion to the extremely serious multiple rapes of a child, so discharge without conviction was not available; appeal allowed, conviction entered and matter remitted for sentencing.