19 Sept 2022
W (CA722/2021) v R [2022] NZCA 442
- Citation
- [2022] NZCA 442
- Court
- Court of Appeal
The Court held the s 20 representative charge remained appropriate at the close of the Crown case because the complainant, given age and delay, could not reasonably particularise dates and the incidents were of the same type without distinguishing features; no further unanimity direction or division was required and convictions were upheld. However the sentencing Judge erred in treating the offending as four rapes for starting-point purposes; sentencing should proceed on three rapes with a greater youth discount (30%), resulting in substitution of the original sentence of five years six month…