R v Accused (CA 132/87) (Note) - [1989] 1 NZLR 656

Criminal law — Sentence — Sexual violation — Sexual abuse of children in relationship of trust — Proviso to s 128B(2) — While living in his home, a 12 year old girl was indecently assaulted by her 29 year old uncle who was intellectually handicapped — Accused was married, received support from his family, and was well thought of at work — Accused pleaded guilty to one charge of sexual violation and was sentenced to 18 months imprisonment — Whether, in the circumstances of this case, a sentence of imprisonment was appropriate — Criminal Justice Act 1985, s 53 — Crimes Act 1961, s 128B.