Sister pleads for leniency when brother is convicted of sexually abusing her four young children

His sister said in a victim impact statement read to the Nelson District Court that the breach of trust blindsided the family, and as parents they felt they had failed in their role.

However, she said the family cared deeply about him and asked for leniency at sentencing so he could get the help he needed.

“This has been a nightmare year for all of us,” she said.

Judge Peter Hobbs praised the family for their compassion, insight and sympathy, which was not always evident in such circumstances.

The defendant’s sister said that when the crime came to light last year, she and her husband asked him to be honest, and that he was ultimately “driven by the need to do the right thing” by confronting police. give what he had done.

The man, who did not ask for name suppression but was granted it to protect the victims and the wider family, was sentenced to a maximum of twelve months’ house arrest for indecency with a child under the age of twelve and four charges of sexual abuse.

This despite strong pressure from the Crown that a prison sentence with a starting point of nine years was justified.

Prosecutor Sophie O’Donaghue warned that the victims’ views should not overwhelm the criminal trial.

Lawyer Michael Vesty said the young man, himself a victim of sexual abuse, was a classic example of how hurt people hurt other people.

“He himself is a victim and now an abuser,” Vesty said.

He said the defendant was part of a large family, meaning the ripple effect of his offending would be felt by “an extraordinary number of people”.

‘Nightmare’ year

For a year, the suspect was at home with his parents where they lived Tasman District when his sister and children came to visit.

While alone with his nephew, then five years old, he exposed himself to the child.

The defendant later moved to his sister’s home and cared for two of the children, while his sister picked up the other two from school.

While she was away, he sexually assaulted a toddler.

Another time he committed indecency with another toddler while fighting in the house, the last act of which he confessed to involving the boy.

While alone with the baby, he picked her up and sexually assaulted her.

O’Donaghue said she could find no other cases involving sexual violation of a 1-year-old.

She said a plea for leniency was not unusual in family crime cases, and urged the court to approach it with caution.

Vesty said the charges were based on confessions made to police and that the suspect had a genuine desire to rehabilitate, supported by specialist psychotherapist Burke Hunter, with whom the suspect has undergone intensive counselling.

Challenging conditions

Judge Hobbs noted the challenges posed by the circumstances of the case, including the dispute between the Crown and the defense over the sentencing premise.

He said the summary of facts emerged from confessions made to police, but none of the young victims had made statements or provided evidence, and it was not yet known what impact the crime might have had on them.

Judge Hobbs said the Crown was in favor of the prison, and had suggested it might be what the community expected from the court.

However, he had to balance all the relevant purposes and principles of sentencing to do justice to the case involving an ‘immature teenager’ who had been given the responsibility of caring for children while ill-equipped to do so.

Judge Hobbs said some in the community would want a tough sentence, while others would not accept such an approach.

“There is no better illustration of this than the approach taken by the victims’ parents,” Judge Hobbs said.

He said it was a serious matter for all involved and deserved close and careful attention.

From a starting point of six and a half years in prison, Judge Hobbs awarded credit for the defendant’s guilty pleas, his youth, remorse and the counseling he had undergone to date, to arrive at a sentence of 23 months in prison.

He accepted the Crown’s position but had to step back and consider generally whether the reduction was disproportionate to the seriousness of the offence.

Judge Hobbs said a prison sentence was likely to jeopardize the progress of the defendant’s rehabilitation because counseling was unlikely to be available in prison, and that a prison sentence was sufficient to hold him to account.

He said registration as a child sex offender was therefore discretionary, and he was convinced in this case he should be registered.

“Your offending was serious, you were young and the victims were very young.

“You yourself have been a victim of a sexual offense.”

Judge Hobbs said this was not an excuse but it was relevant to the sentencing.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s Nelson-Marlborough regional reporter and has covered general news including court and local government for the Nelson Mail.