Looks like “The Comedian” who got of any real punishment for his crime because he “makes people laugh” is having his sentencing reviewed:
A judge who allowed a comedian to walk free from an indecent assault charge against his 4-year-old daughter made an error of law, the High Court at Auckland has been told.
The comedian – whose name is suppressed to protect the identity of his daughter – was discharged without conviction at the Auckland District Court last September for performing an indecent act on his daughter.
But the Crown has sought a judicial review in the High Court.
If Justice Murray Gilbert finds there has been an error, he could send the case back to the Auckland District Court for the comedian to be sentenced.
Judges can discharge defendants without conviction if they believe that the consequences of a conviction would outweigh the gravity of the crime.
Crown lawyer Mark Lillico told the court today that the district court judge failed to recognise the seriousness of the offending, given the man had admitted to indecently assaulting his daughter.
Mr Lillico said although there were mitigating factors for the comedian, he was a father who had offended against his daughter, it was sexual offending and there was a large disparity in ages.
“There were serious consequences but it was serious offending.”He said the judge also took into account that the comedian was intoxicated when she said he had a “low consciousness of action”.
“By doing so it seems to have watered down the level of intent required in a criminal offence.”
He said the comedian had pleaded guilty to indecently assaulting his daughter and that carries an admission of intent.
