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Sexual violation by oral connection, indecent assault on a young boy and inducing a boy aged 12-16 to perform an indecent act on him in Palmerston North in May 1998
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none known
Born 1976
Unknown
Sentenced to 3 years 6 months in February 1999
Background
From the Evening Standard 4th February 1999
Homosexual acts involving a schoolboy in Palmerston North's central-city toilets resulted in a man being jailed yesterday. The 23-year-old man, convicted of subjecting the schoolboy to indecencies in the toilets in The Square last May, was jailed for three-and a-half years. David Joseph Sharland had pleaded guilty to charges of indecent assault on a boy aged between 12 and 16, and inducing the boy to perform an indecent act on him.
On December 16 a Palmerston North District Court jury found him guilty of sexual violation by unlawful sexual connection -- oral sex -- on the boy. Sentencing Sharland, Judge Les Atkins told him he was inclined to accept that "in your own mind you did believe he was a willing participant". However, he took the view that the jury, by its verdict and from questions to the judge, had concluded any such belief was not based on reasonable grounds.
There were discrepancies between the accounts of the victim and Sharland which could never be wholly overcome, he said. The judge said he did not regard the relatively low level of violence involved as an aggravating factor in the offending. But the full impact on the victim -- whose life was already disturbed -- was unlikely to be known for some time.
Noting Crown solicitor Saul Holt's position that a three-to-five- year sentence was needed to discourage the use of public toilets as places for anonymous homosexual liaisons, Judge Atkins said "clearly it does". Defence counsel Fergus Steedman had put the case that Sharland had a poor upbringing. Sharland had been sexually abused as a young teen, and in recent years his sexual orientation had been muddled.