R v Tama Parata [2016] NZDC 5445

Published 17 August 2016

Discharge without conviction — sexual connection with a young person — sentencing — Sentencing Act 2002, s 106 — R v Johnson [2010] NZCA 168. Five defendants discharged without conviction on separate charges of sexual connection with a young person. Name suppression was granted. In all circumstances the offending was consensual. Usual aggravating factors such as large age disparity, abuse of trust, grooming or demeaning behaviour were not present (Johnson distinguished). The prejudicial effect convictions would have had on the defendants was considered to outweigh the gravity of the offending. All defendants had promising futures, had accepted the illegality of what they had done and were prepared to pay reparation. Views of the young women and their families were considered.**Note: names have been changed to comply with legal requirements.