R v Kisun (No 5)

The appellant, Kisun, was convicted on six counts of indecent acts against students while he was a teacher at Marist College. The case came before the court following a second trial, after the first trial resulted in a hung jury. Additional offences were charged, and evidence of uncharged offences in New Zealand was presented. The legal issues before the court were whether the trial judge erred in admitting the tendency evidence, and whether the sentence was manifestly excessive. The court examined whether the evidence was relevant to a matter to be proved and whether its probative value outweighed any prejudicial effect. The court also considered whether the sentence imposed was manifestly excessive, taking into account the appellant's age, the period between the trials, and the fact that the offences were historical.

The court held that the tendency evidence was properly admitted, as it was relevant to the appellant's propensity to commit such offences and had probative value that outweighed any prejudicial effect. The court also held that the sentence was not manifestly excessive, as it took into account the appellant's age, the period between the trials, and the historical nature of the offences. The court considered that a fully suspended sentence was appropriate, given the appellant's good character and the fact that he had already served time on remand. The court also noted that the appellant had shown remorse and had taken steps to address his offending behaviour.

The court dismissed the appeal and upheld the conviction and sentence. The court held that the trial judge had not erred in admitting the tendency evidence or in imposing the sentence. The court considered that the sentence was appropriate, taking into account all the circumstances of the case. The court noted that the appellant had already served time on remand and that a fully suspended sentence was appropriate, given his good character and the historical nature of the offences. The court also noted that the appellant had shown remorse and had taken steps to address his offending behaviour. The appeal was dismissed, and the conviction and sentence were upheld.