Man jailed for indecent act
A judge has jailed a man for his indecent assault on baby and warned him that if he offends again he may never be released.
Graham Lee Bartlett was today sentenced to 3-1/2 years' jail for doing an indecent act on a 4-1/2 month old boy, who was the son of his partner at the time.
He was ordered to serve a minimum non-parole period of 60 per cent - about two years.
Bartlett was found guilty by Judge Glen Marshall following a trial in the Hamilton District Court in March.
He had admitted five charges of possessing objectionable publications at the beginning of the trial.
A cleaner at Te Awa shopping centre gave evidence she walked in on Bartlett at the disabled toilets on September 4 last year.
She said Bartlett and the baby were both naked, though Bartlett argued at trial he had a T-shirt on.
He claimed he was suffering from a hernia which causing swelling in his groin and genital area.
Judge Marshall told Bartlett that if he saw him back in court on similar charges he could expect to never be released from the bounds of the judicial system after a disturbing pre-sentence report.
''I see you at the high risk end of potential sex offending in the future and the view expressed by the probation officer is that your potential to cause harm to young children is immeasurable is disturbing to me.
''I have no doubt that if you appear before the court on sex offences then it's likely that a sentence of preventive detention would be considered and explored by the court.''
Judge Marshall found that Bartlett formed the relationship with the victim's mother on an internet dating service - which showed that she had a young baby - purely for the purpose of getting close to the baby.
''That was displayed in how quickly you moved in to which was a very short relationship seeking to take over much of the child care of a 4-1/2 month old and manipulating an opportunity where you could be alone with a child in a secure environment to indulge your sexual gratification.''
The judge said the situation was further aggravated by the police discovering ''sexually explicit narratives'' on his computer hard drive which a forensic examination discovered he had opened just weeks before moving in with the victim.
Police also discovered 49 video files of footage of young, naked children.At trial Bartlett - who rebuilds computers - said he had meant todelete it but "pushed a wrong button" when formatting the drive.
Crown prosecutor Richard Annandale said the baby victim "was inessence at the mercy of the defendant and his actions on the day quiteclearly exploited that vulnerability and breached the trust that the mother imposed".
Annandale also noted that if it were not for the security lock on the door expiring after ten minutes, his offending would not have been discovered.
Bartlett also has previous convictions for possessing objectionable material - child pornography - in 2010 when he lived in Whangarei.