Published 11 July 2023
Judge-alone trial — indecent assault — unlawful sexual connection — R v Connell [1985] 2 NZLR 233 — Sena v Police [2019] NZSC 55 — New Zealand Bill of Rights Act 1990 — Criminal Procedure Act 2011, ss 133 & 136. The defendant faced seven charges of indecent assault and unlawful sexual connection. He had pleaded guilty on one representative charge, leaving the Court to reach verdicts on the other six charges. The complainant was the defendant's stepdaughter, who alleged that over a period of several years he had touched her repeatedly in areas including her breasts, buttocks and genitalia, and had also rubbed his penis against her. The Court heard evidence from both the defendant and the complainant, and also the complainant's mother and aunt and another child witness. The Court found that the defendant was not a credible witness, but that the complainant was. Three of the allegations were not supported by enough evidence to return a guilty verdict, but the defendant was convicted on the other four and remanded on bail pending sentence. Judgment Date: 30 March 2022 * * * Note: names have been changed to comply with legal requirements. * * *
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