R v McLenaghan  NZDC 27034
Published 13 December 2018
Sexual connection with a young person — indecent assault — sentencing — sexual offending — R v Johnson  NZCA 168 — R v AM  NZCA 114 — R v Herbert.
The defendant faced a total of 11 charges in relation to unlawful sexual connection with a young person, and doing an indecent act on a young person. The defendant engaged in sexual activity with the victim on numerous occasions. That sexual activity included masturbation, oral sex, the use of a vibrator and on frequent occasions full sexual intercourse. Aggravating features include the fact that there were multiple offences which occurred over an extended period of time, there is the age difference between the defendant and the breach of trust. The court discussed R v Herbert in that no distinction should be made between male and female offenders. The Supreme Court upheld this decision and said "children of either gender require protection from adult offenders of either gender". The defendant was sentenced to three years' imprisonment.
Judgment Date: 9 September 2016