There was nothing in the applicants circumstances making it unfair or oppressive now to return him to New Zealand to stand trial for serious sexual offences involving abuse of his position of trust as a priest and a teacher.
A conditional discharge was unduly lenient for offences of indecent assault with a female under 13 years old and indecency with a child.
Where a defendant made admissions of offences to a probation officer those admissions could be relied on by the prosecution. Although those situations would be unusual, the court could provide sufficient protection to the defendant to prevent unfairness.
