Daniel Brian Comer, 20, appeared in the Dunedin District Court yesterday, where Judge Russell Walker condemned his actions.
‘‘I have to say, this was particularly serious offending, which, in my view, had concerning elements of indignity, humiliation and some misogyny,’’ he said.
Comer’s youth, his rehabilitative prospects and his lack of other convictions were all that saved him from a jail term, the judge said.
In August 2024, a teenage boy — who cannot be named because he is being dealt with in the Youth Court — contacted the defendant and 25-year-old Alexander Ian McLean about going hunting.
‘‘This was to take place at night to avoid being seen,’’ court documents said.
The trio were travelling in McLean’s Mitsubishi when the youth contacted the victim, who had been socialising with friends in central Dunedin.
She agreed to join the group on the excursion and they set off towards Middlemarch.
In the vehicle, Comer shared MDMA among them all, the court heard.
McLean eventually stopped in a rural area.
The youth and teenage woman, who were seated in the back, began kissing.
However, when he made a more overt sexual advance she verbally protested and told him to ‘‘stop’’.
‘‘Nobody cares,’’ the youth said.
As the violation went on, Comer climbed from the front seat into the back and joined in.
The ‘‘distressed’’ victim again requested they stop, a Crown summary said.
McLean, who remained in the driver’s seat, filmed the crime and then continued driving.
He stopped again near Waikouaiti, where the violation ended.
They later dropped the victim off at a friend’s house.
When interviewed by police, Comer admitted being in the vehicle and conceded he had been involved in ‘‘some sexual activity’’ with the woman.
However, the court heard yesterday he had not been as forthcoming when subsequently interviewed by Probation.
Crown prosecutor James Collins said the lack of acknowledgement was the ‘‘foremost concern’’ for the prosecution.
Counsel Sarah Saunderson-Warner pointed to letters her client had written, which she said showed he was not seeking to make excuses.
The court heard Comer had been undertaking counselling since the incident and had been subject to bail conditions since October 2024.
Judge Walker noted the defendant had strong support and stable employment on the family farm.
‘‘You have all the tools and support available to make sure you never [end up in court again],’’ he said.
The judge referenced Comer’s letter in his final remarks.
‘‘You’re correct when you say it’s on you to make sure you don’t end up in a situation like this again,’’ he said.
‘‘You accept the consequences of your actions and you’re trying to learn from this. I hope you do.’’
Comer was sentenced to 10 months’ home detention.
McLean will be sentenced next week.
