R v Accused (CA 265/88) - [1989] 1 NZLR 643

Criminal law — Sentence — Sexual violation — Sexual abuse of children in relationship of trust — Sentencing policy in relation to serious child abuse by young offender — On five or six occasions, while baby-sitting a 10 year old girl, an 18 year old youth forced the girl to have oral sex — Accused pleaded guilty to sexual violation and was sentenced to two years and nine months imprisonment — Accused appealed — Whether accused's age automatically justified leniency — Whether a non-custodial sentence was appropriate — Whether, if imprisonment was appropriate, sentence should be reduced to two years imprisonment so that Court could order that accused receive counselling if released on parole — Criminal Justice Act 1985, s 77A - Crimes Act 1961, s 128B.