A Queenstowner who filmed a resort sex worker with out her consent has been granted a discharge without conviction.
The man, who was granted permanent name suppression by Judge Russell Walker in Queenstown’s court last Tuesday, visited
the sex worker at her home on March 9 after arranging an appointment the day before.
When he asked the victim if he could film her with his phone, she said no.
He persisted, saying he would not include her face in the video, but she reiterated she didn’t consent to being filmed.
After they had sex, the still-naked victim went to the kitchen to get the defendant a glass of water.
When she returned to the bed room, she noticed he’d set up his phone on a bench at the end of the bed with the camera pointing towards the bed.
She picked up the phone, saw it was recording and challenged the defendant, who admitted he’d started filming.
The video was immediately deleted.
Lawyer Ben Alexander said the offending was spontaneous and ‘‘unsophisticated’’.
The defendant immediately admitted his guilt, agreed to take part in restorative justice, wrote a letter of apology to the victim and made donations to three charities totalling $500.
He was living in New Zealand on a post-study work visa, and a conviction would have significant consequences for his immigration status and ability to obtain future visas, Alexander said.
His job and prospects of future employment would also be jeopardised, impacting extended family in his home country to whom he sent $2500 a month.
Walker said the man’s behaviour was a breach of trust and an ‘‘affront to privacy’’, but accepted Alexander’s submissions the defendant was a basically honest man for whom the charge was a ‘‘huge wake-up call’’.
Taking into account his lack of prior convictions, and the impact one would have, Walker granted the discharge, but ordered the defendant pay the victim $1000 emotional harm reparation.
Drink-driver ‘didn’t feel drunk’
A recidivist drink-driver who attempted to evade police after being seen speeding in Queenstown has avoided a jail sentence.
Jamie Floyd Wilson, 27, labourer, was driving on Frankton Road about 2.45am on August 19 when police in an oncoming patrol car noticed him speeding.
The cops made a U-turn and followed Wilson after he turned into Livingstone Lane, where they found him sitting in his car with the engine running at the end of the cul-de-sac.
Wilson, who was unsteady on his feet, recorded a breath-alcohol level of 1009mcg, more than four times the legal limit.
He was sentenced on an aggravated drink-driving charge in Queenstown’s court on Tuesday — it’s his fourth drink-driving conviction in 10 years.
The court heard he finished working at a bar at 9pm and had drinks with mates before driving home because ‘‘he did not feel intoxicated’’.
But that explanation didn’t wash with Walker, nor did his claim drinking didn’t negatively affect his life.
‘‘You’re a repeat drink-driver who gets on the road and puts other people at risk.’’
He was disappointed to learn Wilson had previously completed The Right Track programme for repeat driving offenders, which generally had a high success rate with people not coming back to court.
‘‘You’re an exception to that general rule.’’
Walker converted a sentence of nine months’ prison to one of three and a-half months’ community detention, with a nightly curfew from 7pm to 6am, and nine months’ supervision, and banned him from driving for 28 days, with alcohol interlock provisions.
Other convictions
● Angus Mclea Kendrick Clareburt, 23, retail assistant, of Shotover Country, drink-driving (467mcg), Shotover Street, October 15, Queenstown, fined $450, disqualified six months.
● Calder Allan Houliston, 49, farrier, of Glenorchy, breaching protection order, August 22, $750 emotional harm reparation, nine months’ supervision.
● Joseph John Clark, 48, of Wānaka, assault, September 15; assault, September 19, sentence deferred six months, $600 emotional harm reparation.
● George Halwan Fowler, 24, shearer, of Alexandra, threatening act, threatening behaviour, intentional damage, February 11, Alexandra; theft, July 21, Alexandra, 100 hours’ community work, nine months’ supervision, reparation $21.24.
