SENTENCED: A man was sentenced for indecent assault after he drew on his workmate's buttocks with a vivid marker pen. PHOTO/FILE
SENTENCED: A man was sentenced for indecent assault after he drew on his workmate's buttocks with a vivid marker pen. PHOTO/FILE
A man who indecently assaulted his workmate with a vivid marker pen has been sentenced to community work and warned he could go to jail if he offends in the same manner again.
The man, who was 18 at the time of the incident, appeared for sentencing in theNapier District Court yesterday.
The court heard that the defendant and two other colleagues, all electricians from Hamilton, were working in Hawke's Bay and staying at the Valdez Motor Lodge in Hastings in December last year.
The trio were drinking heavily into the early hours of the morning after completing a job when one of the men vomited in the bathroom and had to have a shower to clean up.
The man changed and then consumed more alcohol before play-fighting ensued between himself and the defendant.
The defendant held the man down, drawing on his face with a vivid marker pen, before he drew southwards all over his back and then pulled the man's pants down to draw on his buttocks. He then pressed the marker pen to the man's anus.
While this was taking place the other man in the unit was capturing the incident on his cellphone.
The complainant was eventually let go by the man, and went upstairs to speak to his father who in turn called the police.
When spoken to the man admitted holding his workmate down and drawing over him, but stated it was not done on purpose.
He pleaded guilty to indecent assault, a charge that carries a maximum penalty of seven years' imprisonment.
In sentencing Judge Geoff Rea said although jail time was an option under the governing legislation, it was a highly unlikely outcome for the man.
He described the incident as an "unusual case" and sentenced him to 200 hours of community work.
As the man was ushered into the court cells to wait for the paperwork, Judge Rea told him to have a good look around the area because that's where he would be heading if he offended in the same manner again.
