Supreme Court upholds indecency conviction

Last updated 11:55 03/04/2014

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The Supreme Court has dismissed the appeal of a man who turned his garage into a den for child abuse.

Court documents said the man, who has name suppression, allegedly forced his 11-year-old son and his son's two friends, aged 11 and 12, to masturbate in front of him.

On several occasions he locked the door to the house and showed the boys pornographic movies.

Defence lawyer Chris Wilkinson-Smith argued that the man's actions did not breach the Crimes Act, which stated that an indecent act was done "on" or "with" another person, because there was no physical contact between the man and the boys.

At the man's trial in the Auckland District Court in January 2012, his defence successfully argued that he had not committed a crime, with the judge "reluctantly" dismissing the case after ruling the man did not carry out sexual acts "with" the boys.

The Court of Appeal in October 2012 overturned the acquittal, finding the act criminal because the man had "actively encouraged" the boys to masturbate.

In today's decision, the Supreme Court interpreted "with" to mean "in the presence of", and found the man guilty on three counts of doing an indecent act.

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- Fairfax Media

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