A 21-year-old Kaitaia man who initially denied making an amorous advances to a female constable (Wrong place to look for loving, Northland Age July 19) changed his plea when he appeared before Judge Greg Davis in the Kaitaia District Court last week.
Heta Lloyd Brass was convicted of indecent assaultand sentenced to nine weeks' imprisonment, Judge Davis noting that given the time he had spent in custody on remand he could well be released immediately upon his return to Ngawha.
Brass was sentenced to concurrent prison terms of one month on admitted charges of dangerous driving, refusing to supply a specimen of blood and obstructing police. He was disqualified from holding or obtaining a driver's licence for one year, then indefinitely.
Judge Davis also warned Brass that indecent assault was a qualifying offence under the 'three strikes' legislation. (A third qualifying conviction deprives offenders of any right to parole from future prison sentences).
Counsel Wayne Cribb told the court that his client had always accepted the police summary of facts, but the indecent assault was at the lower end of the scale, and, without denigrating the victim in any way, she was not as vulnerable as some.
The summary stated that Brass, who had been arrested after crashing his car through a fence in Awanui on June 13 less than eight hours after he had been released from prison in Auckland and was heavily intoxicated, had stroked the leg and arm of the constable as she transported him to the police station in Kaitaia. He had leaned extremely close to her, telling her that he had just been released from prison and needed some loving. He had also suggested she "have a detour".
He desisted when the constable threatened to arrest him for assault and called for backup. He was then handcuffed for the remainder of the journey.
Brass attempted to stroke the constable's hand whilst at the police station, and again told her that he wanted some "loving".
Police prosecutor Duncan Coleman told the court that the defendant's behaviour had been totally inappropriate, not least in that he had been travelling with his partner when he crashed the car.
Judge Davis told Brass that, ironically, the constable had been had gone to his assistance, and in return found herself the subject of an indecent assault.
