Judge Deidre Orchard said during sentencing in the Whangārei District Court that she respected the jury's decision it was not proved beyond reasonable doubt Hill travelled to the girl's school with the intention of meeting her for sex.
But even if it was not his intention on that day, the judge said she had no doubt Hill intended to meet the girl for sex at some other point. She was entitled to take her view of the evidence into account when sentencing him.
She was also satisfied Hill knew the girl was only 12. The girl had told him from the outset and sent a picture of herself in which she not only looked her age but even younger, the judge said.
She rejected suggestions Hill was merely reckless about the girl's age.
The girl befriended Hill on Facebook in late 2019 or early 2020. He was related to someone she knew.
Their messages soon became sexualised, which Judge Orchard said she was satisfied Hill instigated.
He encouraged the girl to send him a picture of herself in her underwear. Then they began exchanging images of themselves masturbating.
The judge said Hill's suggestion to a report writer that the girl was somehow responsible for the explicit messages, because it was her who first messaged him, was concerning.
In defence submissions, Hill's father claimed his son had developmental delays and may even be on the autism spectrum.
But Judge Orchard said there was still no expert clinical evidence to that effect despite her having earlier flagged the need for it.
The reality was Hill left school at 16, immediately got a job, and had not been without work since. His employer regarded him as a valued employee, the judge said.
She was prepared to accept Hill was more naïve than the average 19-year-old at the time of the offending, but there was nothing in the evidence to suggest he did not know it was wrong to sexually objectify a child.
Setting a starting point of 15 months' imprisonment, the judge said aside from the girl's young age, another aggravating feature of the offending was the enormous impact it had on the girl.
She was put in a position of humiliating herself by sending the images and had no way of knowing where they might have ended up.
It was obvious from her victim impact statement, she was "very scared" that Hill might humiliate her further by coming to her home or publishing the images online.
The judge allowed a 15 per cent discount for the belated guilty pleas and 20 per cent discount for Hill's youth and previous good character.
There was no credit for remorse. Hill still did not appreciate the seriousness of his offending, the judge said.
She was concerned about protecting other children from him. While she could have added him to a national register of child sex offenders, she did not want to as the consequences of registration were so onerous and would last for eight years.
The only other way she could see to prevent further offending by him was to ensure he attended a suitable programme such as Stop.
She imposed 18 months of intensive supervision including a condition requiring Hill to attend the programme. His compliance would be judicially monitored.
As a punitive aspect of the sentence, she imposed four months of community detention, with a curfew of 7pm to 5am, to be served at a Rotorua address.
Hill was ordered to pay $1500 to the victim for emotional harm.
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on:
• Text 4334 and they will respond
• Email support@safetotalk.nz
• Visit https://safetotalk.nz/contact-us/ for an online chat
Alternatively contact your local police station - click here for a list.
If you have been abused, remember it's not your fault.
