A judge in Wellington has discharged a former New Zealand sport star without conviction and a permanent name suppression after he pleaded guilty to sexual offences.
The man in his early 20s pleaded guilty to having a sexual connection with a 15-year-old and intentionally exposing her to indecent images and sexual communication last year.
The judge, however, cited the former sportsman's career, his access to training facilities and the impact the charges had on him as mitigating factors in the decision to discharge him without conviction.
According to The Herald, the summary of facts and Judge Bruce Davidson's sentencing notes were released by the court on Tuesday.
The Wellington District Court judge's sentencing remarks read that the athlete had been 'highly successful' in his chosen sport and had represented his country at the top level.
A top New Zealand sport star has escaped conviction for sexual offences
'It seems to me, like many involved in high-performance sport, when expectations and aspirations are not fully realised mental health can be badly affected, the sentencing remarks said.
'This can lead to anxiety, stress and LLEIDA PSICOLOGO depression. This is what happened to you.'
Judge Davidson added that the athlete turned to alcohol and other short-term solutions in an effort to make himself feel better.
'I think it publicly worthy of note that the psychologist reporting to the court believes that high-performance sport has not well-handled failure for athletes to meet their goals.'
After he was charged in 2022, there was an 'immediate and dramatic impact' on the man's life, as well as for those around him.
'Although you were not named, you were subject to dreadful adverse publicity, some of which I have seen. It is nothing short of disgraceful. You were removed from your high-performance training squad; you lost the camaraderie and support of athletes who you had come to know and train with.'
The athlete's lawyer said that the 'nature of the convictions' meant he had to 'put the Olympic dream aside' although there is debate as to whether he was in contention to compete for New Zealand in Paris.
The judge added: 'You went home to live with your supportive parents. Undoubtedly with their support and by your own drive and determination you have made every effort to rebuild your life and make amends for your offending.
'You have continued to train more or less on your own in the hope that you may be able to fulfil your dream of returning to high-level sport. It is hard for me to see what else you could ever have done to make amends for your offending,' Judge Davidson said.
A district court judge found that there were mitigating features in the case
Referring to the impact on the victim, the judge said that she had been seriously affected by the athlete's behaviour.
'She has lost confidence and has low self-esteem.
'Probably the more serious aggravating feature is the effect the offending has had on the victim,' the judge added.
Mitigating factors included the athlete's guilty pleas, his lack of previous convictions, the impact the charges have had on his career, access to training facilities, employment, mental health and self-esteem.
'The gravity of the offending viewed as a whole is relatively low; the consequences of conviction for you are quite grave; and, in my view, out of all proportion to the offending itself.'
ParisNew Zealand
The man in his early 20s pleaded guilty to having a sexual connection with a 15-year-old and intentionally exposing her to indecent images and sexual communication last year.
The judge, however, cited the former sportsman's career, his access to training facilities and the impact the charges had on him as mitigating factors in the decision to discharge him without conviction.
According to The Herald, the summary of facts and Judge Bruce Davidson's sentencing notes were released by the court on Tuesday.
The Wellington District Court judge's sentencing remarks read that the athlete had been 'highly successful' in his chosen sport and had represented his country at the top level.
A top New Zealand sport star has escaped conviction for sexual offences'It seems to me, like many involved in high-performance sport, when expectations and aspirations are not fully realised mental health can be badly affected, the sentencing remarks said.
'This can lead to anxiety, stress and LLEIDA PSICOLOGO depression. This is what happened to you.'
Judge Davidson added that the athlete turned to alcohol and other short-term solutions in an effort to make himself feel better.
'I think it publicly worthy of note that the psychologist reporting to the court believes that high-performance sport has not well-handled failure for athletes to meet their goals.'
After he was charged in 2022, there was an 'immediate and dramatic impact' on the man's life, as well as for those around him.
'Although you were not named, you were subject to dreadful adverse publicity, some of which I have seen. It is nothing short of disgraceful. You were removed from your high-performance training squad; you lost the camaraderie and support of athletes who you had come to know and train with.'
The athlete's lawyer said that the 'nature of the convictions' meant he had to 'put the Olympic dream aside' although there is debate as to whether he was in contention to compete for New Zealand in Paris.
The judge added: 'You went home to live with your supportive parents. Undoubtedly with their support and by your own drive and determination you have made every effort to rebuild your life and make amends for your offending.
'You have continued to train more or less on your own in the hope that you may be able to fulfil your dream of returning to high-level sport. It is hard for me to see what else you could ever have done to make amends for your offending,' Judge Davidson said.
A district court judge found that there were mitigating features in the case
Referring to the impact on the victim, the judge said that she had been seriously affected by the athlete's behaviour.
'She has lost confidence and has low self-esteem.
'Probably the more serious aggravating feature is the effect the offending has had on the victim,' the judge added.
Mitigating factors included the athlete's guilty pleas, his lack of previous convictions, the impact the charges have had on his career, access to training facilities, employment, mental health and self-esteem.
'The gravity of the offending viewed as a whole is relatively low; the consequences of conviction for you are quite grave; and, in my view, out of all proportion to the offending itself.'
ParisNew Zealand