18 Mar 2015
MYLCHREEST v R CA134/2014 [2015] NZCA 74
- Citation
- [2015] NZCA 74
- Court
- Court of Appeal
The jury verdict on count 2 (digital penetration) was unsafe because the complainant's evidence and prior consistent statements did not demonstrate digital penetration rather than touching; however the accepted evidence established indecent touching of the vagina (count 3), and under s386(2) Crimes Act 1961 the Court substitutes a conviction on count 3 and remits for sentencing.