A Christchurch aircraft engineer jailed for the "predatory grooming" of a 14-year-old girl for sex has failed to convince the Supreme Court his 16-month sentence was a miscarriage of justice.
Phillip Edward Crooks, 33, was convicted of indecent assault and inducing an indecent act after the parents of the girl
- whom he regarded as his girlfriend - became aware of the relationship and contacted police.
The relationship began as a friendship and became sexual, but never went as far as intercourse.
The charges related to two acts of oral sex, kissing and hugging, which Crooks said were consensual and initiated by the girl who went to his house, undressed and got into his bed while he slept.
Crooks, who admitted the charges in Christchurch District Court last May, appealed against the jail sentence, claiming it was too harsh.
Crown prosecutor Annabel Markham disagreed, describing Crooks' behaviour as premeditated, predatory and involving elements of sexual grooming.
The Court of Appeal ruled in November that the sentence was appropriate.
Crook's lawyer, Jonathan Eaton, then applied to New Zealand's highest court to be allowed a second appeal on the basis that there had been mistakes in the Crown's summary of facts, which should have been disregarded.
The errors created variations between the facts Crooks had admitted and those derived by District Court Judge Murray Abbott and led to a miscarriage of justice, he said.
The miscarriage of justice flowed on to the Court of Appeal's decision.
In its reserved decision released yesterday, the Supreme Court accepted the statement of facts contained errors.
However, it said the variations were "relatively minor" and evidence in the form of e-mails and text messages between Crooks and the girl justified the judge's interpretation.
"When the facts are correctly understood they reveal conduct on the part of the appellant which was always likely to lead to a sentence of at least 16 months' imprisonment.
"It is therefore clear that there has not been a miscarriage of justice," the court said in dismissing Crook's application.
- NZPA
