A comedian who was discharged without conviction after admitting to sexually assaulting his four-year-old daughter is to be resentenced.
The man pleaded guilty in March last year to performing an indecent act on a child, but was discharged without conviction in August.
The District Court judge at the time said the consequences of a conviction would outweigh the gravity of the offence against the child, noting the man was a talented comedian who made people laugh.
Following a Crown appeal to the High Court at Auckland in April, Justice Murray Gilbert ruled the comedian should be resentenced.
He will be resentenced in the Auckland District Court on Friday morning.
The offence carries a maximum 10-year prison sentence.
The comedian, his two daughters and his ex-partner all have permanent name suppression to protect the identity of the victim.
The charges were laid after in December 2009 the comedian got into bed with his partner after drinking heavily at a Christmas function.
His daughter then got into bed with the pair and man's partner woke to find he had pulled down his daughter's pants and diaper and was kissing her body.
The couple have separated and the man has supervised visits with his daughters.
NZN