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Home / New Zealand

School bus driver who touched girl avoids jail

By Sandra Conchie of the Bay of Plenty Times
Bay of Plenty Times·
10 Jan, 2012 11:52 PM2 mins to read

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File photo / NZ Herald

File photo / NZ Herald

A school bus driver who indecently assaulted a teenage passenger has been sentenced to 240 hours' community work and ordered to pay her $1000 for emotional harm.

Pensioner Richard Taniwha, from Hairini, who earlier pleaded guilty to three charges of indecent assault on a female aged under 16, was sentenced in Tauranga District Court yesterday.

The victim was aged 15 at the time.

Taniwha, 70, was a contract bus driver for the school and befriended the victim.

The court was told that on three occasions between April and August last year he indecently assaulted her.

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On one occasion Taniwha touched the girl on her breast under her clothing, and the other two occasions he kissed her and touched her leg.

Taniwha was dismissed from his job because of this offending.

Defence lawyer Glenn Dixon told Judge Louis Bidois that this was not predatory behaviour.

"It was Mr Taniwha's genuine belief that he had the victim's consent but he now accepts that it was a distorted belief and deluded thinking on his part," he said.

Mr Dixon said that there was a huge gap in the chronological age of his client and the victim but not in Taniwha's developmental age, which was affected by his abusive upbringing.

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He said there had been some suggestion earlier on that a restorative justice meeting with the victim could be arranged but Taniwha was just not strong enough for such a meeting.

Counselling was being recommended by the local psychologist he had visited, he said.

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Mr Dixon said Taniwha was genuinely remorseful and offered to pay emotional harm.

Judge Bidois told Taniwha that he accepted he was remorseful and his offending was the result of misguided and deluded thinking.

Judge Bidois said the aggravated features to this offending included that were three separate incidents of indecent assault, the age of the victim and the abuse of trust involved.

He said generally this type of offending would result in a prison sentence, but not on this occasion. He was prepared to take into account that there was no indication that the victim would suffer any long-term impacts and Taniwha had already taken steps to get counselling.

"The fact that I am imposing a community-based sentence does not minimise your offending,"he told Taniwha.

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