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R v M H [2017] NZYC 66

Published 30 August 2018

Sexual offending — sexual violation by unlawful sexual connection — indecent act on a child under 12 — attempted sexual violation — reserved judgment — propensity evidence — reliability of evidence — verdict. The young person faced a variety of sexual offending charges against two relatives under the age of 12. The charges involved offending on several occasions, including offending whilst other individuals were present or where there was a high risk of another person discovering the offending taking place. The defendant had denied each of the charges. The court noted that a crucial issue was the credibility of each of the complainants; veracity evidence was admitted in respect of each complainant in order to assist the court in assessing whether it was reasonably possible that the events complained of had been invented by the two victims. The court took into account the way that the complaints were made, the fact that attention was not drawn to the offending when it was committed in the presence of others, and the compelling and detailed way that the complainant's gave their evidence. The young person was found guilty of nine charges, not guilty of three charges and one charge was dismissed under s 147 of the Criminal Procedure Act. Judgment Date: 2 February 2017. * * * Note: Names have been changed to comply with legal requirements * * *

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