Y v The Queen - SC 79/2012

Criminal – indecent act with a child and young person – Crimes Act 1961 ss 132(3); 134(3); and s 2(1B) – whether the Court of Appeal erred in finding that a person who watches and encourages another person to perform an indecent act performs that indecent act “with” that other person for the purposes of s 2(1B) – whether the Court of Appeal erred in failing to consider the discretionary nature of its power to order a new trial – whether the Court of Appeal erred in not exercising its discretion not to order a new trial in light of the delay, the distress and the relatively low gravity of the offending. [2012] NZCA 458  CA 321/2012