The appellant was convicted on charges for sexual offenses (including rape) against his three granddaughters. He was sentenced to a total of 15 years imprisonment for the lead offence of rape, with no minimum period of imprisonment. The Solicitor-General appealed on the ground that a minimum sentence of half the nominal sentence should have been imposed as a matter of law. The Court decided to update the sentencing guidelines for sexual offenses.
The appellant was convicted of seven charges for raping two females. He was sentenced concurrently to 14 years imprisonment, with a minimum period of imprisonment of seven years, calculated as 12 years for each offense, plus an uplift of 12 months to reflect the separate rapes of two victims, plus other adjustments. The Solicitor-General appealed on the ground that the uplift to reflect separate rapes of two victims should have been higher than 12 months, and an end sentence of 16 to 18 years would have been correct.
Appellant (who was 38 years of age at the time of the offences) appealed a sentence of imprisonment for kidnapping, disfiguring with intent to injury and wounding with intent to injure the complainant (who was 17 years of age at the time of the offences). The complainant and appellant began a relationship after the complainant left the care of Child, Youth and Family (Ministry for Vulnerable Children). The appellant accused the complainant of sexually assaulting his daughter.
The respondent was convicted of sexual violation by unlawful sexual connection (forcible oral sex) and as accessory to rape, and sentenced to four years imprisonment, calculated as 18 months for assisting to carry out the rape, four years for the unlawful sexual connection, plus some downward adjustments. The Solicitor-General argued that the court should have considered the rape as the primary offense and therefore started with a base of 8 years minimum period of imprisonment.
A commercial airline pilot was dismissed after making an unscheduled overnight stop and having sexual relations with a cabin crew member. The pilot appealed to the Employment Court. The Employment Court declined to suppress the pilot’s name from the public record. The court held that the Employment Court was not wrong to find that the public’s right to know outweighed the pilot’s reputational interests, and dismissed the appeal.
The work of caring for the elderly is “predominately performed by women.” Caregivers employed by Terranova alleged that both male and female caregivers were being paid less “than would be the case if caregiving of the aged were not work predominantly performed by women.” Terranova appealed the judgment of the Employment Court. On appeal, Terranova argued that the Act referred specifically to equal pay, rather than pay equity. The Court of Appeal rejected their argument, stating that “Pay equity is about equal pay.
