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escalating violence in our community
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Sensible Sentencing Trust
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Sexual abuse of three young Hawkes Bay teenage boys from 2000 up to late 2005
Also has a previous conviction for indecent assault from 1996
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none known
Born 1964
Prison
Sentenced to 9 years with a 6 year minimum non-parole period in June 2006
Unsuccessfully appealed conviction in December 2007
Background
Hawkes Bay Today story here with the sentencing detailed here
Specialists had assessed his chances of re-offending as high, he could expect to serve much more than the minimum period.
A High Court judge yesterday resisted the chance to sentence a recidivist and unrepentant Hawke's Bay sex offender who continued his indecent assaults on young males while on remand for earlier offences. Justice Pamela Andrews' decision in Napier came despite former Clive contractor Robert John Brown, 46, apparently meeting the criteria, including continued denials and regarding victims as liars or people who "led him on".
In a rare prisoner response to the question "Have you anything to say before you are sentenced?" Brown claimed a witness had committed perjury in his trial in June, and that the Crown had not proven the charges. But the Judge later said she could not take his claims into account.
It was a subdued Brown yesterday, rather than when he was convicted and had to be restrained after a violent outburst. The jury found him guilty on one charge of indecently assaulting a 15-year-old boy while on bail pending another trial in 2006 for previous offences, and two of indecently assaulting a 22-year-old fellow Hawke's Bay Prison inmate a few months later while awaiting sentence.
In June 2006, Brown was sentenced to nine years, with a minimum of six, and told then he had narrowly avoided preventive detention, after a jury found him guilty on four charges of sexual violation and others of indecency involving males in their early teens.
Yesterday, although probation officers, a psychologist and a psychiatrist had assessed Brown at a high-risk of reoffending while he would not accept responsibility for his actions, the judge added six months to the previous sentence. Justice Andrews said Brown hadn't yet had the opportunity of programmes to address reasons for the offending, which wouldn't be offered until late in the sentence, although Crown prosecutor Clayton Walker noted programmes required first an acknowledgement of responsibility.
Brown had in 1996 been convicted of similar offending on a teenager and a feature of all the offences, apart from that in jail, was the grooming undertaken by Brown in the course of offering the teens work. Brown, a former premier division rugby player, had led them into discussions about their sexuality and had offered them alcohol, invariably leading to him touching them indecently.
In the first of the offences before court yesterday, Brown allowed a boy to drive a tractor, and sat beside him, talked about sex issues and touched the boy intimately, despite the boy's objections. The boy eventually fled, saying he was sick, and went home and told his mother, who called the police.