R v Accused (CA 125/87) - [1988] 1 NZLR 422

Criminal law — Practice and procedure — Sexual violation — Trial — Summing up — Accused claimed that Judge in summing up placed great weight on the prosecution case and paid little attention to the defence case — Whether Judge must play down prosecution case in order to give artificial balance to defence case — Observations as to whether, when accused is charged simply with sexual violation, the Crown must specify in the charge the means whereby the offence was committed.

Criminal law — Sentence — Sexual violation — Accused was found guilty of sexual violation of his 17 year old niece and was sentenced to seven years imprisonment — It was unclear whether the jury had found a rape or manual penetration — Whether Judge was bound to sentence on the version of the evidence more favourable to the accused — Whether Judge was entitled to come to his own conclusion on the evidence that it was rape and sentence accordingly — Whether the sentence of seven years imprisonment was excessive.