Sex offender pretended to sleep
A convicted sex offender indecently assaulted a 13-year-old as she slept, and then pretended he was asleep when her mother woke up.
The man, 52, was sentenced on two charges of indecently assaulting the girl in November last year.
The court had heard the man, from Hamilton, and the victim's mother became friends about a year before the incident, with her and her daughter regular visitors to the man's house and vice-versa.
On the night of the assault, the man and the victim's mother had been drinking before she fell asleep on the couch.
The victim lay down beside her on the couch, while the man pulled a mattress down next to the couch.
He put his hand under her clothing, then grabbed her hand and used it to perform an indecent sexual act.It was then she woke up, upset, waking her mother at the same time.
The man pretended he was asleep. The victim ran from the room and the man left the house. He rang some time later and said the victim had fabricated the accusation because of his refusal to buy her an ipod.
Judge Barney Thomas said that excuse was a "cold and calculated attempt to have the victim's mother disbelieve her and at the time at her great distress."
The man's counsel Kerry Tustin said although it was an aggravating feature her client still denied the offending, and agreed it was also a breach of trust.
He had also committed the assaults while on parole and had similar previous convictions.
Judge Thomas said the victim is likely to suffer life-long repercussions of his actions, including having difficulty forming relationships and trusting men, or "a great difficulty trusting anybody".
"This is now a part of who she is ... for the rest of her life ... (report) says you show no remorse, you demonstrate no insight into your offending and how it affects others. Your victims are the communities most innocent and vulnerable."
On the charges, the man was sentenced to five years' prison, and ordered to serve a minimum three years and four months.
He also given a three strikes warning.