R v Hicks CA79/03

The appellant, Anthony George Simon Hicks, was convicted on several charges of a sexual nature and was sentenced to an effective term of imprisonment of 5 years by the High Court at Wellington. The appellant appealed against the sentence, arguing that the sentence imposed on the charge of injuring with intent to cause grievous bodily harm and the overall effective sentence were both manifestly excessive. The Court of Appeal of New Zealand was tasked with determining whether the sentence was indeed manifestly excessive and whether leave to appeal out of time should be granted.

The Court examined the nature of the crimes committed by the appellant, including indecent assaults on a child, sexual violation by way of unlawful sexual connection, and assaulting a child. Additionally, the court considered the appellant's assault on his partner, which resulted in injuries that required medical attention. The Court of Appeal also reviewed the mitigating factors, such as the appellant's guilty plea and expressed remorse.

In assessing the sentence imposed for injuring with intent to cause grievous bodily harm, the Court of Appeal determined that a sentence of 18 months imprisonment was not manifestly excessive. The court further concluded that the effective sentence imposed, taking into account the totality principle, was appropriate and not manifestly excessive.

Ultimately, the Court of Appeal declined to grant leave to appeal out of time and dismissed the appeal, upholding the sentence imposed by the High Court at Wellington.