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.
20 YEARS ELAPSED SINCE ALLEGED OFFENCES ABUSE OF POSITION OF TRUST ADMINISTRATIVE LAW BUGGERY COMMITTAL CRIMINAL PROCEDURE DELAY EXTRADITION EXTRADITION ACT 1989 s.11 FAIR TRIALS HABEAS CORPUS INDECENT ASSAULTS MINORS OPPRESSIVE PASSAGE OF TIME POSSIBILITY OF FAIR TRIAL PRIESTS s.11(3)(b) S.11(3)(B) EXTRADITION ACT 1989 s.9(8) SERIOUSNESS OF OFFENCES SEXUAL OFFENCES TEACHERS UNFAIR YOUNG MEN
A conditional discharge was unduly lenient for offences of indecent assault with a female under 13 years old and indecency with a child.
AGGRAVATING FEATURES CONDITIONAL DISCHARGES COURSE OF CONDUCT CRIMINAL PROCEDURE IMPRISONMENT INDECENCY WITH A CHILD INDECENCY WITH STEPCHILD INDECENT ASSAULT INDECENT ASSAULTS OFFENCE TAKING PLACE 30 YEARS PREVIOUSLY S.36 CRIMINAL JUSTICE ACT 1988 SENTENCE LENGTH SENTENCES SENTENCING SEXUAL OFFENCES STEP-FATHERS STEPCHILDREN UNDUE LENIENCY UNDULY LENIENT
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.
ADMISSIBILITY ADMISSIONS MADE IN INTERVIEWS WITH PROBATION OFFICERS AGREED BASIS CONFESSIONS CONVICTION SAFE CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE GUILTY PLEAS INDECENT ASSAULTS INTERVIEWS JUDGE’S DISCRETION OFFENDERS PACE 1984 POLICE AND CRIMINAL EVIDENCE ACT 1984 s.78 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 PRE-SENTENCE REPORTS PROBATION OFFICERS PUBLIC POLICY RAPES S.78 POLICE AND CRIMINAL EVIDENCE ACT 1984 UNFAIRNESS
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