Curfew part of sentence

A Wanaka man who indecently assaulted a child has been sentenced to community detention.

Gregory Gerard Basil Clarke (55), who has strong ties to the Catholic Church, appeared in Queenstown District Court yesterday afternoon.

Defence solicitor Russell Checketts told the court the contact with the child, a girl under 12 years old, was ''through clothing, and momentary''.

During a sentence indication last year, Mr Checketts said the incident had occurred during ''horseplay'' at the child's home in May.

Both the man and the girl were fully clothed at the time and there was no attempt to take her away, Mr Checketts said.

''He accepts it is unforgivable,'' Mr Checketts said yesterday.

''And as you can see from the statements the family are deeply upset.''

Clarke, a trained carpenter and panel beater, has no previous convictions.

Judge Christina Cook sentenced Clarke to a period of five months' community detention with a curfew seven days a week from 8pm to 8am, 120 hours' community work and six months' supervision.

He was also ordered to make a $1500 emotional harm payment to the victim.

He must be assessed by a probation department psychologist under the terms of the supervision sentence, and complete any treatment or counselling as directed to the satisfaction of a probation officer.

Judge Cook indicated in November that Clarke would be sentenced to home detention but Mr Checketts made submissions that this would not allow the defendant to earn a living by working in the workshop next to his home, as the range of the electronic monitoring device was not large enough.

Mr Checketts said a sentence of community detention would also allow him to continue his work with the church, but did not define what that work was.

''He is deeply involved in Catholic Church and does a lot of work in the parish of Wanaka. He is still accepted by the church,'' Mr Checketts said.

Judge Cook said she had heard from submissions that Clarke was ''fully remorseful''.

''It is of concern, though, that there's some suggestion within the report of you apportioning a portion of blame to the child's behaviour. That can never be the case and is not taken as a factor.''

Mr Checketts said, during the sentencing indication in November, that Clarke claimed the child had caused him some pain during horseplay and he had reacted with the indecent assault.

The offence carries a maximum sentence of 10 years' imprisonment but Judge Cook said the nature of the offence led her to a starting point of 10 months' imprisonment.

Judge Cook gave Clarke credit for his lack of previous convictions and early guilty plea, and had also read positive references from his sister, another party, and a letter of apology from Clarke.

 

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