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Home / Whanganui Chronicle

Man jailed for underage sex

By Court Reporter
Whanganui Chronicle·
13 Aug, 2012 07:35 PM2 mins to read

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A man convicted of having sex with a 15-year-old he met while she was playing on the monkey bars at school has been jailed.

Daniel Smith, 27, was convicted of two counts of sexual connection with a young person aged 12-16, meeting a young person following sexual grooming and indecent exposure, having already pleaded guilty at an earlier appearance in the Wanganui District Court.

He was sentenced to two years and five months in jail by Judge David Cameron.

Smith first met the girl in December last year, when she was in a school playground with a friend.

They exchanged names and ages, and the next day he saw her again and gave her his cellphone number.

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Over December 18-19, the girl sent him text messages but he did not reply until December 29.

That day they exchanged numerous sexually explicit text messages, resulting in 127 messages from Smith that included him asking her to meet.

They arranged to meet at 1.30am but he didn't show.

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The following day, he arranged to meet her at school and she later went to his house and stayed the night.

That evening, the girl's carer reported her missing and, while trying to find her, police spoke to Smith twice. He denied any contact with her.

At the time he was spoken to, she was at his house and they had yet to have sex. The pair had sex twice and the girl was later found hiding in Smith's house by police.

Smith admitted having sex with her, knowing she was under the age of consent.

On August 17, about 3pm, Smith was found at the back of the rugby clubrooms in Marton Park, performing an indecent act.

Judge Cameron said Smith had numerous convictions between 2002-11, including obscene exposure, but none for sexual offending. He was believed to have foetal alcohol syndrome and may have been bi-polar when he was younger.

In 2003, a psychiatric assessment identified limits to his psychological functioning.

Judge Cameron said it was aggravating to the case that Smith had sexual intercourse with the girl, preceded by grooming, and that he lied to police before sleeping with her.

His sentence must deter others from preying on young and vulnerable girls, he said.

Smith was also warned about the three strikes law.

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