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An Auckland comedian is appealing an eight-month home detention sentence for indecently assaulting his four-year-old daughter.
The man, who has name suppression, pleaded guilty in March to indecently asasulting the child.
At his first sentencing, Judge Philippa Cunningham discharged him without conivction saying he was a talented New Zealander and the consequences outweighed his offending.
However, The Crown then won a High Court judicial review over the discharge and ordered the District Court to resentence the man.
He was sentenced by Judge Mark Perkins in July and Fairfax Media understands the man lodged his appeal the same month he was sentenced.
A hearing was held yesterday where a judge reserved their decision.
The offending occurred on December 9, 2009, after the man returned from a Christmas party in an intoxicated state.
He tried to have sex with his then wife but she rejected him and they went to sleep. Later in the evening the child came into the bed and slept between the couple.
The man woke up and proceeded to sexually assault the child.
He claimed to have no memory of the event.
- © Fairfax NZ News
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