A 42-year-old Dunedin man who molested an underage girl then repeatedly tried to silence her has avoided a term of imprisonment.
Gary Matthew Angus appeared in the Dunedin District Court yesterday after pleading guilty to doing an indecent act on a 14-year-old.
On June 18, 2019, he invited the victim to come outside with him for a cigarette.
When she agreed, he gripped her in a hug and asked her for a kiss, which she declined.
Despite her attitude, Angus "forcefully" kissed her and groped her on the outside of her clothing for the next minute.
The victim broke free and he apologised.
"I won’t tell if you won’t," the defendant said.
The teen escaped to a bedroom but Angus persisted, visiting her again and asking if she wanted a smoke.
"The clear indication is you wanted to continue contact with this underage girl," Judge Peter Rollo said.
The victim was so traumatised by the experience that she waited until the defendant had fallen asleep then attempted to leave the house in a car.
However, she quickly realised that was a mistake and had to rouse Angus to have him re-park the vehicle.
The defendant took that opportunity to again stress the girl should maintain her silence about the molestation.
Judge Rollo said the incident had left the girl hurt and confused, and her interest in sport and her schooling had waned as a result.
It was not Angus’ first conviction for such behaviour.
In 2003, he was sentenced to community work and supervision for unlawful sexual intercourse with a girl aged 12-16.
Crown prosecutor Pip Norman said there was concern about the level of Angus’ insight into the effect of his offending.
Adding him to the Child Sex Offender Register would provide oversight for the safety of the public, she said.
Counsel Sarah Saunderson-Warner argued that was unnecessary because Angus did not present a significant risk to children.
She told the court her client was motivated to attend all rehabilitative courses and had solid support in the community which had led him away from a gang lifestyle.
The judge said Angus had led a "colourful life", featuring several traumatic experiences.
"They moulded you to a degree to the man you are today," he said.
Angus was sentenced to six months’ home detention and 150 hours’ community work.
He was ordered to pay the victim $600 and a protection order was made in her favour.
Judge Rollo opted not to put Angus on the Child Sex Offender Register.
