A man who indecently assaulted a girl in front of her brother was jailed for three years three months and given a judge's warning about a possible open-ended preventive detention sentence.
Judge Jane Farish imposed a minimum non-parole period of two years on Colin Jason Samson in the Christchurch District Court today.
Samson (33), unemployed, sexually assaulted the five-year-old girl while she and her seven-year-old brother were telling him to stop.
Defence counsel Andrew McCormick said Samson was intoxicated at the time and was ashamed and remorseful. He was at a loss to explain how it happened.
He said he had trouble maintaining relationships and jobs, and had two previous convictions for this type of behaviour but they were 15 years ago.
Crown prosecutor Kathy Bell said Samson's motivation to change appeared to be low.
She said there were adults within close proximity to the children and the girl kicked him to get him to stop.
Judge Jane Farish said the offending, which involved him grabbing the girls ankles while the sexual assault took place, was appalling on a vulnerable young girl. It had a devastating impact on her mother.
There was no relationship or connection between him and the victim.
She said it was a gross indecency in front of another child and his two previous convictions had a remarkable resemblance to this one.
The psychology and psychiatric reports said Samson had a high risk of reoffending, and he had alcohol and drug problems.
Judge Farish said if Samson undertook the Kia Marama programme for sex offenders his risk would be better managed.
She warned Samson that if he did not do the programme another child could be abused and he would be sent up to the High Court for preventive detention to be considered, and could spend the rest of his life in jail.
