Sex offender's sentence reduced
A man who sexually violated an eight-year-old girl has had his sentence reduced because of a sentencing calculation error.
In September Jordan Storm Pavlovich was sentenced to five years' and six months jail by Judge Kevin Phillips in the Invercargill District Court after admitting a charge of sexual violation by unlawful sexual connection.
The offending occurred on February 2 last year.
Pavlovich appealed against his sentence.
A Court of Appeal decision, released today, says the appeal has been allowed and his sentence reduced to five years' and one month jail.
Pavlovich appealed against his sentence because the starting point of seven and a half years' jail was too high and the judge made errors in calculating and applying discounts, it says.
But the starting point identified by the judge was ''well within range'', the decision says.
''We therefore dismiss Mr Pavlovich's challenge to the starting point identified by the sentencing judge.''
But, the judge did make calculation errors when applying discounts to the starting point, it says.
''Here the judge, having fixed a starting sentence which is within the available range and determined appropriate mitigating factor discounts, has made an arithmetical error in calculating those discounts.
''In these circumstances we think it is appropriate for that error to be corrected on appeal.''
At his sentencing in September Judge Phillips explained Pavlovich's offending.
On February 2 last year Pavlovich was at the beach with his partner and her children when he went to the sand dunes looking for one of the children, he said.
He approached an eight-year-old girl in a secluded area and sexually violated her, Judge Phillips said.
When questioned by police he denied the offending but the following day said he was with the girl but could not remember what he had done, he said.
Judge Phillips said Pavlovich's lawyer, Peter Redpath, had said he had consumed alcohol and K2 before the offending.
The Southland Times