A comedian who was not convicted of allegedly performing a sex act on his four year-old daughter could be resentenced for his crime.
The television personality pleaded guilty in March to performing an indecent act on a child, but was discharged without conviction by Judge Philippa Cunningham in August.
The judge said the consequences of a conviction would outweigh the gravity of the offence against the four-year-old.
Auckland Now reports the Crown is seeking a judicial review of the case in the High Court at Auckland.
The Crown had to seek a judicial review of the case, because there was no sentence to appeal.
If a High Court judge decides Judge Cunningham made an error in law in discharging the man, he may be sent back to the District Court to be sentenced again.
The man has permanent name suppression to protect the victim.
Protesters picketed the court after the man was discharged.
The Coalition for the Safety of Women and Children co-ordinator Leonie Morris said at the time it was an appalling decision and the man should have at least been ordered to attend counselling.
"Without that, he might offend again," said Ms Morris.
The man got into bed with his partner and their daughter after a night out drinking.
He pulled down the girl's pyjama pants and pull-up nappy and started kissing her.
When his partner awoke he told her, "I thought it was you."
The couple have separated and the man has supervised visits with his two daughters.
NZN