R v N (CA88/05)

In the Court of Appeal of New Zealand, the case of CA88/05, the Crown v N, was heard on 15 November 2005. The appeal was dismissed on 23 November 2005. The appellant was found guilty of multiple offences including rape and unlawful sexual connection against his young stepdaughter over a two and a half year period. The appellant was sentenced to 15 years’ imprisonment, with a minimum period of imprisonment of eight years. The appellant appealed against his sentence, submitting that the judge had failed to take into account mitigating factors, that there was no justification for an order under s 86 of the Sentencing Act 2002, and that the minimum period of imprisonment was too long.

The court found that the appellant’s background had been taken into account by the sentencing judge, that there were no mitigating factors present in this case, and that the judge was justified in making an order under s 86 of the Sentencing Act 2002. The court also found that the minimum period of imprisonment of eight years was justified in the circumstances of the case. The appeal was dismissed.