This is sensible news, and he needs a sensible sentence, unlike the first one. The fact he was drunk, he had ‘lost fame’ or work does not mitigate the act happened.
Auckland District Court judge Philippa Cunningham ruled the consequences of a conviction would outweigh the offending and said the man was a talented New Zealander. The decision caused controversy and the Crown sought a review.
In a High Court decision released yesterday, Justice Murray Gilbert ruled the man should be resentenced, NZ Newswire reported.
Gilbert agreed with Crown submissions that the consequences of a conviction did not outweigh the offending, that the judge did not take into account a guilty plea and said the fact the man was drunk should not have been a factor.