Suppression granted for taxi driver on indecent assault charges

Christchurch District Court Judge Jane Farish. Photo: One News

The Crown has described an indecent assault by a taxi driver as "an issue of public safety" but a judge has ruled out describing the man as a sex offender.

Judge Jane Farish accepted the general safety issue, saying at the man's Christchurch District Court sentencing: "It is a very tragic thing in our society that women are still vulnerable at night, on their own."

She said the taxi driver had taken advantage of a 17-year-old woman who was "somewhat naive and affected by alcohol".

But she described his offending as "an error of judgment" after six years in the taxi industry and believed the level of the offending - an unwanted kiss and touching the woman's breast - would not lead to him being admitted to a programme for sex offenders.

The judge said the offending had been "sexually driven, but his one act doesn't make him a sex offender".

Instead, she has released him on five months' community detention with a nightly curfew at home, and 12 months of supervision with a recommendation that he be accepted into a Safety Planning Group, which deals with cases where treatment at a STOP programme for violent offenders is not warranted.

She also suppressed his name because of mental health concerns, mainly for his wife.

The man had worked as a taxi driver and they had owned a business, but the offending has put an end to both ventures. The wife is worried about likely shame and ostracism by their community if his name is published, and has attempted suicide.

Judge Farish said the wife had also been following the man around because she was so worried that he would commit suicide because of the shame and embarrassment.

The man was charged with two indecent assaults after the incident on June 28, 2019, which began when he came across the woman walking home and offered her a ride. After she got in his taxi, he turned off the meter and Crown prosecutor Penny Brown referred to him turning off the GPS.

He drove to the Barrington Mall carpark and followed the woman when she got out and walked into a park. There he kissed her and touched her breast over and under her clothing.

He later brought her home and denied that any contact occurred when interviewed by the police, and again in court, even though his DNA had been found on the woman's face and breast. Judge Farish said he had lied in his evidence at a judge-alone trial where she had found the charges proved.

Brown described it as predatory and premeditated behaviour, and said the Crown saw it as a public safety issue. She said the victim had struggled to deal with it and had not been able to provide a victim impact statement for the sentencing.

Defence counsel April Kelland said difficulty with culture "winds around what's happened here". The couple felt the loss of reputation and dignity would make it feel as though they had lost their lives. Penalties would go "on and on" because of social media. She urged that name suppression be granted.

Judge Farish accepted that final name suppression should be granted, mainly because of the wife's mental health issues.

She told the man: "I don't see you as being a public risk at the moment. I think you have already been quite significantly punished over the last two and a half years.

"Your judgment failed you and you have made a very bad decision which has had catastrophic consequences," she said.