Referring to Cham’s continued attempts at rehabilitation, she accepted that a conviction would hamper his ability to continue a career in pharmacy.
His parents will pay the victim $5000 in reparations for emotional harm, which will be paid back by Cham over time once he finds a job.
‘Finally passed a cruel rite of passage’
The court heard that on October 11, 2024, Cham travelled from Hamilton with his female friend, who has name suppression, for a weekend away in Auckland.
The following day they attended a dinner and consumed alcohol with some of the victim’s friends.
By about 12.30am, the pair had become drunk and caught an Uber alone together to a karaoke bar, where they were denied entry on account of the victim’s intoxication.
They then ordered a ride share to another venue and booked the karaoke booth where the offending took place.
The victim said she felt unable to do anything when Cham put his left arm around her shoulders and touched her breast underneath her dress, and she started messaging friends on Facebook as the assault continued.
He again touched her breast for several minutes, stopping for a short while before he put his hand in her underwear.
The victim detailed the trust she had in Cham before the offending in an impact statement read to the court, describing how she felt as if she had “finally passed a cruel rite of passage” after the assault.
Though she believed reporting Cham’s behaviour was the right thing to do, she said it had also been “the single worst decision” for her mental health.
Cham lost his job in July last year after he came to work in a state of intoxication and is currently facing the possibility of losing his New Zealand pharmacy licence.
The Pharmacy Council of New Zealand’s ongoing investigation and possible disciplinary proceedings are expected to be guided by the court’s ruling.
His victim told the court how Cham had not only brought shame on his profession, but also his family and most of all, on himself.
Mistaken beliefs and rehabilitation efforts
Cham’s lawyer Hannah Stuart said he hoped to relocate to Hong Kong and had already sat his pharmaceutical exams in preparation for the move.
She contended a discharge without conviction was fair given the impact it would have on his pharmacy registration and travel plans.
While she said Cham understood “nothing he says or does will bring her [the victim] any true comfort”, she offered several explanations for his behaviour that night.
He had been told by previous romantic partners he was not forward enough and believed, however mistakenly, that the victim’s willingness to be alone with him was because she reciprocated his romantic interest.
Cham has sought clinical psychological help since the assault, completed a course through the drug and alcohol courts, and written a letter of apology to the woman.
While Judge Sellars acknowledged the offending had “obviously had very long-lasting effects” on the victim, she found these factors made it appropriate to grant a discharge without conviction.
