A teenager who plied a 10-year-old girl with alcohol and then
filmed himself and his girlfriend sexually abusing her has
been sentenced to seven years in prison.
Johann Daubeck, 19, and his girlfriend, who cannot be named,
were sentenced at the High Court in Auckland this morning by
Justice Rebecca Ellis.
Daubeck had pleaded guilty to sexual violation by rape of a
child under 12, sexual violation by unlawful sexual
connection and one charge of making an intimate visual
In October 2012, Daubeck, then 18, and his girlfriend had
taken the girl into a forest, plied her with RTDs, then took
photographs and filmed themselves sexually abusing her.
On two other occasions on the same weekend, when his
girlfriend was not present, Daubeck had sexually violated and
raped the girl.
His lawyer, Sam Wimsett, said Daubeck had shown remorse for
his offending and wanted to receive treatment.
"He is desperately keen to leave Mt Eden [prison] to move to
a facility where he can get the treatment that he needs.''
Mr Wimsett said Daubeck had himself been abused as a child,
"and that may well have had some role to play in what has
happened in this case''.
Crown prosecutor Keiran Raftery noted Daubeck's previous
offending of the same type four years earlier.
Mr Raftery said Daubeck was given a second chance at that
time, and had undergone a treatment programme, which was a
He said a sentence of preventive detention needed to be
considered as it provided a lifetime period of parole, and
the ability to recall to prison "before matters get out of
One of the aggravated features was the degree of planning and
"They decided to take [the victim] to the woods, they decided
to buy alcohol for her, they decided to ply her with it so
she was drunk.''
In sentencing, Justice Ellis said the two offenders had
"encouraged and brought out the worst in each other.''
She said Daubeck did not seem to fully understand the harm
caused to his victim.
"She was a 10-year-old girl, and not an object for you to do
with what you wished.
"The fact she apparently complied because you got her drunk
first doesn't make what you did okay or better. If anything,
it makes what you did worse.''
There was an "extra degradation'' involved because the photos
had been uploaded to the internet.
Justice Ellis said she had given "very serious thought'' to a
sentence of preventive detention, but decided on a finite
sentence, which may be followed by a period of supervision.
"There are no quick fixes for the problems that you have and
you need time, which is one thing I suppose that jail can
Daubeck was sentenced to seven years in prison with a minimum
period of imprisonment of four years.
His interim name suppression was lifted today as the victim's
family wanted him to be publicly named.
The teenage girl was sentenced to two years intensive
supervision and 200 hours community work for six charges,
including uploading the images to the internet.
She is also subject to conditions including not to be alone
with children and not having access to devices which connect
to the internet or take photos.
She was also ordered to undertake a Safe treatment programme
for child sex offending, and continue with therapy.
Justice Ellis told her she hoped the teen understood she was
much luckier than many others who came before the court, but
that the sentence should not in any way be considered to
minimise her offending.
"What you did was incredibly selfish and stupid,'' Justice
"The harm you caused this little girl and her family will
never be over. Unlike you, they do not get a second chance.''
Justice Ellis said she would be personally monitoring the
teen's progress every three months and would call her back
before the court if necessary.
- By Heather McCracken of APNZ