KEY POINTS:
A Christchurch travel consultant who took covert pictures of men using urinals at a shopping mall was lucky not to face more charges, police said.
Nicholas Wingo Guoron Mai, 22, was sentenced to 120 hours' community work and a year's supervision when he appeared in Christchurch District Court
yesterday.
Mai pleaded guilty at an earlier hearing to a relatively new charge of making an intimate visual recording, which carries a sentence of up to three years' jail. Mai was in Westfield Riccarton mall on June 1 when he was seen entering and leaving the men's toilets in the food court area, the court was told.
Each time, Mai would follow a man to the urinals and "using his cellphone strategically placed in his trouser pocket" photograph the males urinating.
Police were called when a man realised what was happening and confronted Mai. Mai admitted the offending, saying he was "curious".
At his sentencing yesterday, police prosecutor Sergeant Dave Murray said Mai was lucky not to face having his laptop computer forfeited to the Crown along with his cellphone.
He told Judge Brian Callaghan that Mai's laptop was full of similar images.
Mai's lawyer, Tim Mackenzie, said if police had not charged Mai with more offences it was probably because they would be unable to prove the depicted men had not given their permission to be photographed. The single charge Mai faced arose from one complainant, he said.
Judge Callaghan said he would sentence Mai on the basis of the police summary of facts that made no mention of a laptop or further images.
Mr Mackenzie told the judge Mai was remorseful and embarrassed and had written a letter of apology to the complainant.
"He is regretful. He is naive and said he didn't know it was an offence. Perhaps he had his head in the sand but he didn't realise the seriousness of his actions," he said.
The offence was introduced into the Crimes Act only last year to cover covert filming from cellphone cameras and Mr Mackenzie said he had had difficulty finding any similar relevant cases.
He said Mai's offending was on a "lower scale" than a Christchurch man convicted recently for filming up women's skirts with a video camera built into a bicycle helmet.
Mr Mackenzie said Mai came to New Zealand seven years ago. His conviction meant he was likely to face "significant difficulties" in his bid to become a permanent resident.
The judge imposed 120 hours of community service and a 12-month supervision order and ordered the forfeiture of Mai's cellphone.
- NZPA