Man guilty of touching 5-year-old avoids jail

Brendon Park, 46, was sentenced to six months' home detention after being found guilty for sexual conduct with a 5-year-old girl.

No previous convictions for similar offending and never having been to jail were some of the reasons given by a judge in not jailing a man for sexual conduct with a 5-year-old girl.

Brendon Park, 46, was instead sentenced this week in the Whangarei District Court to six months' home detention after being found guilty by a jury on one charge of sexual conduct with a child under 12. He inappropriately touched the sleeping girl in November 2013. She complained to her mother.

Park denied any inappropriate behaviour when questioned.

Crown prosecutor Catherine Anderson said deterrence and denunciation could only be achieved by a sentence of imprisonment, although acknowledging Park came within range of a home detention sentence.

Park's lawyer John Watson argued home detention was the appropriate sentence.

Judge John MacDonald said Park's lack of remorse was highlighted by Probation, which was consistent with his stance during trial. The effects on the girl, he said, were that she withdrew into herself, would not sleep on her own, and it took a long time for her to walk alone to school despite living nearby.

Judge MacDonald said Park's offending was a one-off which lasted a short duration.