By Tom McRae
A controversial case has come back before the courts in Auckland, with the re-sentencing of a comedian for indecent assault on his own daughter.
The first time round a judge discharged him without conviction. But a second judge today sentenced him to eight months' home detention.
The man has permanent suppression to protect his daughter, who was four years old at the time.
In March last year he pleaded guilty to performing an indecent sexual act on the child when he came home drunk from a Christmas party. His daughter was in bed with him and his partner.
At the original trial he was discharged without conviction and that judge included in her reasons that he makes people laugh. But that decision has now been appealed successfully in the High Court.
Today the judge said home detention reflects the gravity of the offence and the Stop Demand child advocacy group agrees.
“It tells us any sex offending against children is a very serious matter and it's a crime and needs to be taken seriously,” Stop Demand founder Denise Ritchie says. “Sentences need to both deter and denounce the level of offending.”
The man has undergone alcohol rehabilitation and now has joint custody of his daughter who the judge says is not suffering any signs of trauma.
The man's lawyer wouldn't confirm if they would appeal the sentence.
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