Sex offender’s name off register

A man who knowingly had sex with an underage girl has won a court fight to have his name taken off a nationwide offender register.

In May, Andrew Reginald Fowler was sentenced to 12 months’ intensive supervision and four months’ community detention after he pleaded guilty to three charges of sexual connection with a young person.

At Fowler’s sentencing in the New Plymouth District Court, Judge Chris Sygrove used his discretion and added the man’s name to the child sex offender register.

The facts of the case were that on July 28 last year the 23-year-old Fowler met his victim at Bell Block library in North Taranaki.

The girl, who was 15, was in state care and suffered from mental health problems and cognitive issues. Despite knowing her age, the pair went back to Fowler’s house and had sex. Police arrived shortly after looking for the girl, who had run away from her caregiver.

The attending police officer also told Fowler the victim was 15-years-old.

The next day, the victim was at the Bell Block library and was approached by Fowler again.

She accepted his invitation to go back to his house and the two had sex.

Lawyer Jo Woodcock, who represented Fowler at his High Court appeal hearing, said the sentencing judge had made no assessment of the mandatory considerations for making the registration and there had not been any prepared submissions made on the issue.

Woodcock argued Fowler’s own mental impairment, the lack of physical coercion involved and the consensual nature of the sex were factors which pointed away from the need for registration.

Ian Murray, who represented the Crown, said Fowler’s ‘‘persistence’’ to have sex with the victim, despite knowing her age and getting a warning from police, along with his drug and mental health problems, meant the decision to register him was a proper one.

In her ruling on the case, Justice Susan Thomas said Fowler’s risk was ‘‘relatively low’’.

‘‘I am not satisfied he poses the requisite level of risk to the sexual safety of children to enable me to exercise my discretion to make a registration order,’’ her judgment said.

She also pointed to the conditions of Fowler’s intensive supervision sentence, which included counselling and a ban on having contact with anyone aged under 16 without approved supervision as protective factors.

The order placing Fowler’s name on the register was subsequently quashed.

Having a defendant’s name added to the child sex offender register allows government agencies to share information about that person.

A registered offender must update their personal information annually and within 72 hours if any of their details change. They must also report any change of address or travel plans at least 48 hours in advance.

If a person is jailed on a qualifying offence, their name must be placed on the register but when they remain in the community, a judge is given the discretion to decide whether to add their name or not.

In her ruling on the case, Justice Susan Thomas said Fowler's risk was "relatively low".