High Court Wellington
22, 28 March 1991
Wylie J
22, 28 March 1991
Wylie J
Criminal law — Sentence — Unlawful sexual intercourse and permitting indecent act — Complainant aged 12 and under care and protection of accused — Accused with no previous convictions pleaded guilty at the earliest stage — Sentenced to concurrent terms of three years imprisonment and 12 months imprisonment — Whether sentence of three years was excessive — Crimes Act 1961, ss 131(1)(b) and 134(2)(c).
Criminal law — Practice and procedure — Sentence — Unlawful sexual intercourse and permitting indecent act — Charges laid summarily — District Court Judge sentenced accused to three years imprisonment — Three years maximum available to District Court Judge — Whether sentence of three years imprisonment was contrary to established principles of sentencing policy that maximum penalty should be reserved for the worst cases — Whether case of worst kind — Summary Proceedings Act 1957, s 7.
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