Court of Appeal Wellington
7 June 1991
Cooke P, Hardie Boys J and Sir Gordon Bisson
7 June 1991
Cooke P, Hardie Boys J and Sir Gordon Bisson
Criminal law — Sentence — Accused 51 years old stood trial on charge of sexual violation by rape of a 13-year-old girl — During trial accused pleaded guilty to alternative count of attempting to commit sexual violation by rape — Sentenced to four years five months imprisonment — Sentencing Judge approached question of sentencing starting point as if accused found guilty of completed rape — Whether difference between an attempt and a completed offence should be marked to a far greater extent than it had been.
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