A Hamilton man, engaged in sexual encounters with an underage girl, has avoided a prison term after a court ruled his age at the time of offending limited sentencing options.
According to The New Zealand Herald, Ashley Jacob Owen, now 22, appeared in the Hamilton District Court last week after admitting four charges of sexual connection with a young person, offences that normally carry a maximum penalty of 10 years’ imprisonment.
Owen first met the victim online when she was under 16. The pair met in person on multiple occasions, and Owen recorded their encounters on his cellphone. He later replayed the videos to her during phone calls.
The offending came to light after police seized Owen’s phone.
Crown prosecutor Lexie Glaser pushed for a 2.5-year jail sentence, arguing the offending was not simply a case of “youthful indiscretion.” She acknowledged a discount for Owen’s age at the time but said it should be limited to 15%, The New Zealand Herald reported.
Defence counsel Richard Barnsdale sought a two-year sentence that could allow home detention instead of prison. He argued Owen deserved a further discount for being on strict bail and attempting rehabilitation, noting psychologists’ reports showed brain development was still ongoing at ages 17 and 18.
“He has moved on now, at the age of 22 ... he’s got a good job, he is stable, is working, and there are no signs of a continuation of these sorts of problems,” Barnsdale said, as quoted by The New Zealand Herald.
When asked about emotional harm reparation, Barnsdale said Owen could pay $50 a week up to $5000. However, Glaser objected, arguing the payment was not voluntary and should not reduce the sentence.
The New Zealand Herald reported, Judge Glen Marshall said he agreed with the Crown’s concerns but stressed the money should still be available if the victim chose to accept it.
However, the judge noted the Crown had been unable to prove whether Owen was 17 or 18 when the offence occurred. Under New Zealand law, a 17-year-old can only be jailed if convicted of an offence with a minimum sentence of 14 years. Because of this, Owen could not be sentenced to imprisonment.
Judge Marshall sentenced Owen to four months’ community detention with a 7 pm to 4 am curfew, 12 months’ intensive supervision, and ordered him to complete a healthy relationships programme. He was also barred from contacting or associating with the victim.
Owen must pay $5000 in emotional harm reparation at a rate of $50 per week, The New Zealand Herald reported.