September 14, 2012

Second strike warning for offence against same girl

By Anne Clarkson

A rare second-strike warning was read to a 28-year-old man for doing an indecent act on a 14-year-old girl ? the same girl he had offended against in 2010.

The three-strikes system imposes heavier penalties on repeat violence or sexual offenders. Second strike offenders must serve their whole sentence without parole.

Shaun Graeme Donaghy, 28, was convicted for unlawful sexual connection with the same girl in 2010. He was given the first strike warning at his sentencing in June last year, but after his release from his prison sentence he continued to associate with her, which breached his prison release conditions and a restraining order.

At Christchurch District Court, defence counsel Lee Lee Heah said Donaghy was deeply remorseful, and was prepared to undergo treatment for child sex offending.

She said there was nothing in the police statement of facts to suggest it was any more than Donaghy kissing the girl, and giving her a hickey.

Crown prosecutor Arpana Raj said this was similar offending against the same victim, so he had not learnt from the earlier first strike offending.

Judge Phil Gittos said the girl loitered about with Donaghy, whose life was centred around drug taking and anti-social activities. Donaghy was considerably older, with a significant criminal record including drug abuse and dishonesty offending.

His probation report said he had an exploitative and free-wheeling attitude to sexual matters.

Judge Gittos said Donaghy had not respected the restrictions and had associated with the girl, who was not unwilling, but was a child, and as a man he was expected to have better powers of discernment.

They ran off together, and she was found staying in the same accommodation as Donaghy.

He sentenced Donaghy to nine months prison on the indecent act charge, and a further three months prison for the breaches, which he said were distinct and flagrant acts of disobedience for release conditions and court orders.

He imposed special release conditions for six months past the prison sentence, and ordered Donaghy to have an alcohol and drug assessment, a psychological assessment, and do any rehabilitation programmes recommended by his probation officer.

He is not to associate with the victim, nor anyone aged 16 or younger unless his probation officer approves.

Judge Gittos told Donaghy that any further offending would have grave consequences on what sentence he would have to serve.

Donaghy will have to serve all of the nine-month component of the sentence, plus a portion of the three-month sentence.