New Zealand Police v Trotter [2017] NZDC 6358

Published 10 August 2017

Sentencing — indecent assault — driving with excess breath alcohol third or subsequent — breach of release conditions — strike warning. The defendant and the victim were known to each other via the internet but had not met in person until the day of the offending. The defendant invited himself over to the victim's home despite the victim trying to discourage him from going to see her. The defendant arrived at her home in his car and emerged with a can of alcohol in his hand. He flirted with the victim and followed her into her lounge. The defendant repeatedly tried to engage the victim in sexual activities including asking her to touch his genitals, pushing her head down for oral sex and rubbing her genitals both through her clothes, and after putting his hand down her pants. The offending only ceased when a friend interrupted the defendant by visiting the victim's home. The defendant had previous convictions for possession and making objectionable content. On sentencing, the court took into account the fact that the offending was prolonged, reasonably serious acts that had a significant impact on the victim; and that the offending had taken place in the victim's own home. Discounts were given for the defendant's guilty plea and his unique circumstances that had led to his offending. On the assault charge, the defendant was sentenced to two years imprisonment, and on the breach of release conditions the defendant was convicted and discharged. The defendant was disqualified from driving for 12 months and one day, and a zero alcohol order was made in respect of the drink driving charge. Judgment Date: 24 March 2017.