A repeat sex offender's willingness to undergo treatment in prison was described as "a Clayton's offer" by a judge who jailed him today.
Judge Alistair Garland noted that Matthew Scott Levy, 37, continued to deny sex offending even after a Christchurch District Court jury convicted him on charges relating to three incidents with different complainants.
Levy's defence counsel, Rupert Glover, said: "He does not accept he has committed these offences and is disappointed by the jury's verdicts."
The judge interrupted when Glover spoke of Levy's willingness to undertake any treatment opportunities in prison.
"What's the point of that?" Judge Garland said.
"Here is a man who does not acknowledge he has done wrong. What chance would a rehabilitation programme have of success?"
Glover said psychological reports prepared for the sentencing suggested there would by some underlying issues and problems that had caused Levy to behave in this way, and they could be addressed.
The judge said: "It's a Clayton's offer."
"I don't accept that for a moment," Glover said.
Both psychologists had accepted it was a genuine offer by Levy to undergo treatment.
Levy, a commercial fisherman, was convicted in a six-day jury trial last year of assaulting a fishing boat crewman, while they were at sea, with intent to commit sexual violation, and intentionally injuring him by punching him.
He was also charged with the sexual violation of a 20-year-old man he picked up in his car. The man was drunk and fell asleep in the car, but woke to find Levy performing the act.
The third incident related to Levy being seen doing an indecent act in the public toilets in Shaw Ave, New Brighton.
Glover said Levy had been in a seven-year relationship with a woman and was successful as a fisherman.
"It is a matter of great surprise to all the people who know him that he appears before the court on charges like this."
He said Levy's only previous convictions were for drink-driving and a breach of bail.
Judge Garland said the first victim had been vulnerable because he was on a fishing boat off the coast and had no means of escape.
The offending had affected him physically, mentally and financially.
Levy had taken advantage of the second victim's intoxication.
The man had found the incident distressing and embarrassing.
The judge said Levy told the probation interviewer he accepted the need to undertake programmes to make his way through the prison system and present himself as someone who was safe to be released into the community.
He was seen as a moderate risk of further sexual offending and a low risk of violent offending.
The judge added to the sentence because some of the offending had occurred while Levy was on bail.
He imposed a series of sentences totalling eight years and three months, but ordered no minimum non-parole term.
He read Levy a first-strike warning under the system that imposes heavier penalties on repeat violent and sexual offenders.
- © Fairfax NZ News
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