Sex-case man shocked at jail term

A Taranaki man was stunned when he was jailed for five months for performing an indecent act on his step-daughter.

However, the 54-year-old, who has permanent name suppression, has so far served only one night in custody after he was granted bail yesterday pending an appeal of the sentence.

The previous day, the New Plymouth District Court heard he had been sharing an address in the city with his 17-year-old victim and her mother at the time of the incident in May last year.

On the evening of the assault, the man went into the teenager’s bedroom while the girl’s mother was away from the house.

The court heard he asked the teen to take off her shirt.

She said no but the man persisted and offered her money.

It was heard the girl felt afraid, and so she did as the man asked. He then indecently touched her.

In court, defence lawyer Julian Hannam said his client did not accept that he had persisted nor offered the girl money.

If that material was to stay in the summary of facts, it would serve as an aggravating factor in the sentencing, he said. However, police prosecutor Detective Sergeant Heath Karlson opposed having it redacted.

Judge Gregory Hikaka said that information had been in the summary when the man previously pleaded guilty to the charge of indecent act on a dependant family member.

That same summary formed the basis of the restorative justice conference held between the man and the teenager.

During that same conference, the man admitted he had begun to see his step-daughter as a woman, rather than as a daughter, and that he also saw her in a sexual light.

He also agreed to pay the teen’s university fees and answered for her when she was asked by the conference facilitator if she trusted him.

Hannam argued for the recommended sentence of community work coupled with supervision, given the man’s guilty plea and his acknowledgement of his need for counselling.

He said the man was remorseful and had apologised to the teenager multiple times.

Karlson argued for about six months’ jail, which could be commuted to home detention, but pointed out the man had previously advised he did not want an electronically monitored sentence.

Judge Hikaka said the teenager had been groomed and there was a clear abuse of trust.

Because the man had taken the option of an electronically monitored sentence away from the court, Judge Hikaka jailed him for five months, with leave to apply for home detention.

The man stood agape following Tuesday’s decision.

Hannam indicated the man would appeal the sentence.

The man was remanded into custody for the night and granted bail yesterday pending the appeal.