Liam Shane Marsh, 30, was jailed for 13 months, but given leave to apply for home detention, on charges including doing an indecent act outside Frankton Primary School. Image / Google maps
*This story contains details that may offend some readers
A man who exposed himself while walking past a primary school went on to accost a woman at her work and a mum loading groceries into her car.
Then, that same evening, Liam Shane Marsh returned to his supported accommodation and violently assaulted his caregiver, leaving her with a concussion, fearing for her ongoing safety, and two weeks off work.
On Monday, the 30-year-old was in the Hamilton District Court for sentencing on several charges, including doing an indecent act, wilful damage, common assault, assault with a blunt instrument and two of using obscene language.
But counsel Christine Hardy told Judge Garry Collin that Marsh’s traumatic brain injury, suffered as a child, was a key factor in his offending, and urged him to take that into account.
“That’s the bit that worries me,” Judge Collin told her.
“He’s a risk,” he later told a Corrections representative.
All of Marsh’s charges stemmed from February 25 this year, and began outside Frankton Primary School.
He was walking west along Massey St outside the school at 2.45pm when a parent, collecting her children, was walking toward the front gate.
She noticed Marsh four to five metres away, holding his pants down with his hand, exposing his genitals.
Marsh was staring at her, and continued to walk towards her, while “multiple” members of the public could also see his genitals.
When he got to within two or three metres away, the victim told him to “put it away”.
Marsh replied; “It’s for later”.
She ignored him as she walked into the school gates to inform school staff.
Ninety minutes later, Marsh was walking along Pembroke St when he noticed a woman walk back into her work.
He knocked on the door, and she opened it, believing he might be a client.
He said; “You’re pretty, can I get into you?”.
He then repeated his question and started to lean forward in the doorway, leaving the victim in shock.
She closed and locked the door, as Marsh continued talking to her, and made a comment about “balls”.
The victim then backed away from the door as Marsh tried to open it, and continued to hang around for about a minute before walking towards Clarence St Pak’nSave.
At 4.07pm, Marsh was walking out of the supermarket as a woman was loading groceries into the back of her car with her daughter.
He walked towards the victim’s trolley, stopped in front of it, and said; “Do you want to ride my c***”.
Shocked and not fully comprehending what he’d said, the victim replied, “pardon?”.
Marsh repeated the question.
She then got upset and yelled at Marsh, who got a fright and walked off through the carpark towards Tristram St roundabout, before she called the police.
At 5.50pm, he got back to his supported accommodation in Weka St, Frankton.
His caregiver was there, and he walked into the living room and said; “Do you want me to punch you?”.
The victim replied, “No,” but Marsh punched her in the jaw, sending her back into the wall behind her.
She then picked up a chair and held it in front of herself as protection, as Marsh picked up the victim’s laptop and threw it at her, hitting her neck and chest.
He picked the laptop up again and threw it on the ground.
When questioned, Marsh said he thought his knuckles connected with the victim’s face.
Marsh’s counsel, Christine Hardy, said her client accepted he would be going to prison.
She added that his traumatic brain injury, which he suffered as a child, was in part, the cause of the offending.
“That’s the bit that worries me,” Judge Collin replied.
“He may have more limited capacity to determine his actions than some other people ... he is therefore an ongoing risk, and ... although prison is inevitable, it may not be a good idea.”
Hardy agreed but said it did appear that if Marsh was jailed, the prison could help in getting a psychiatric assessment, which was what was recommended in a pre-sentence report.
“One of the big problems for him is that the housing options for him are very limited,” the judge replied.
“Liam’s a risk,” the judge told a Corrections representative, in discussions about a secure rehabilitation facility.
“He is, sir,” she replied.
In her victim impact statement, Marsh’s caregiver said she was shocked at being assaulted, as she had never questioned her skills, as she was good at her job.
However, the attack had left her fearing for her safety, and about four hours after the attack, she started vomiting, which she would later discover was due to suffering a concussion.
In sentencing Marsh, Judge Collins said the facts were “very concerning because they raise serious concerns regarding the safety of the public”.
“The concerns are evident from his criminal history,” the judge said before detailing convictions going back to 2013, ranging from assaulting a child, indecent assault, doing an indecent act, and other violence, theft, and property-related charges.
Marsh acknowledged his behaviour, which he said was due to getting tired from his brain injury “and it makes him do stupid things”.
“The report highlights that he makes comments of being highly sexually driven ... and that he has the potential to escalate toward serious physical harm to others in the community.”
A Te Whatu Ora report noted the risks he poses, including a lack of judgment, unpredictability, being at risk from others, and being vulnerable himself.
He now had nowhere to live due to his behaviour, so Judge Collin jailed him for 13 months, but granted him leave to apply for home detention should a room in a secure facility become available.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.