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The High Court at Auckland has overturned the sentence handed down to a comedian convicted of indecently assaulting his 4-year-old daughter.
The name of the man has been suppressed to protect the girl's identity.
He was discharged without conviction at the Auckland District Court last September by Judge Phillipa Cunningham, who said he's a talented New Zealander who makes people laugh.
At a hearing earlier this month Crown lawyer Mark Lillico sought a judicial review of the decision, saying although there were mitigating factors, it was sexual offending and there was a large disparity in ages.
High Court Justice Murray Gilbert has sent the case back to the Auckland District Court for the comedian to be resentenced.