Crump v R - [2022] 2 NZLR 454

Criminal practice and procedure — Juries — Criminal law — Directions to jury — Misdirection of jury — Jury questions — Question trail — Papadopoulos direction.

Criminal law — Miscarriage of justice — Duly-directed jury — Whether reasonable possibility of acquittal.

Criminal law — Rape — Withdrawn consent — Whether belief of consent based on reasonable grounds.

Criminal law — Sentencing — Rape — Starting point — Whether manifestly excessive — Low culpability — Mitigating factors — Offending relatively brief — Initial consent subsequently withdrawn — No material age disparity — Harm to victim does not elevate offending — AM Guideline — Band below band one — Six year starting point too high.