Marriage break-up sent businessman on downward spiral

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Property developer David Michael Johnson will serve nine months' home detention in a plum inner-city neighbourhood for a demeaning sexual relationship with a 15-year-old girl.

The relationship followed what was described in court as "a personal meltdown" after the break-up of the 38-year-old's long marriage, the Christchurch Court News website reported.

Defence counsel Jonathan Eaton explained: "Within a short time he was acting in a manner which was destined to self-destruct. He was binge drinking, not sleeping, not taking any medication. He turned his house into a 24-hour party house."

His wife had been the rock in the relationship, monitoring his alcoholism and bipolar disorder, and ensuring the necessary interventions or medication.

The girl was not at the Christchurch District Court sentencing session where Judge Colin Doherty imposed the home detention term.

He said he had agonised over whether a jail term should be imposed because of Parliament's recent move to impose harsher penalties.

There was a call of "woo-hoo" from one of Johnson's supporters in court when it was realised he would not go to prison.

The girl has accepted an undisclosed substantial payment for emotional harm, and she will use it for her own education.

She will also get a handwritten apology from Johnson – one that he wrote without realising the judge would be able to read it at court.

Johnson has had name suppression since his arrest in September 2008, but Mr Eaton did not ask for it to be continued today, when Johnson was sentenced after admitting seven charges involving sex with the teenager.

Judge Doherty described the charges as "an eclectic collection of sexual connection methods".

Johnson had pleaded guilty after charges were changed in September to seven counts of having unlawful sexual connection with the 15-year-old.

Mr Eaton said the demeaning behaviour involved in the sexual relationship could only be explained by Johnson's state of mind.

"It was irrational, inappropriate, self-destructive behaviour."

He claimed the girl had not been "targeted" but had been caught up in what Johnson was doing as a lifestyle choice after his marital break-up.

Crown prosecutor Claire Boshier questioned whether the apology letter and the payment showed real remorse.

The pre-sentence report showed he did not accept responsibility and blamed the victim.

Judge Doherty said Johnson had effectively used the girl as "a sexual plaything".

She now suffered from serious emotional harm. She had dropped out of school, was unable to concentrate, and had recurrent bad dreams.

He referred to Johnson having targeted the girl, having a sexual relationship that she would later describe as rough and demeaning.

He reduced Johnson's sentence for his guilty pleas, his apology, and the emotional harm payment. This brought it within the range where home detention could be allowed, but he said it was "a close run thing".

He imposed the nine-month term, with special conditions, and lifted the name suppression.

- NZPA