R v Pickering CA288/03

In the case of R v Pickering, the appellant, Charles Wayne Pickering, was convicted and sentenced in the District Court for multiple charges including kidnapping, rape, and indecent assault against two victims over an extended period. The Court of Appeal of New Zealand reviewed the appeal against both conviction and sentence. The appellant argued that his trial counsel's conduct constituted incompetence leading to a miscarriage of justice, and that the sentence was manifestly excessive.

The Court of Appeal found that the appellant's claims regarding his trial counsel's conduct did not establish a miscarriage of justice. The Court accepted the trial counsel's explanations regarding the appellant's instructions and the strategic decisions made during the trial. The Court concluded that the appellant's defence of complete denial was adequately presented, and no significant prejudicial effect on the trial outcome was evident from the alleged errors.

Regarding the sentence, the Court of Appeal found that the sentence imposed was not manifestly excessive. The Court noted the aggravating factors such as the breach of trust, the young age of one victim, and the use of a weapon in an attempted sexual violation. The Court concluded that the sentence of 10 years, which included significant consideration of the totality of the offending and the impact on the victims, was appropriate and not disproportionate.

Ultimately, the Court of Appeal dismissed both the appeal against conviction and the appeal against sentence, affirming the District Court's judgment.