Appeal court increases underage sex sentence

A Christchurch businessman who used a 15-year-old girl as a "sexual plaything" should have gone to prison for at least two years four months rather than be given home detention, the Court of Appeal has found.

However, the judges said it would be unfair to imprison property developer David Johnson as he had already served part of his nine months' home detention. Instead, they added a further three months to his term.

Justices Grant Hammond, Lester Chisholm, and Raynor Asher said the sentence imposed on Johnson, 38, in November by Christchurch District Court Judge Colin Doherty was "manifestly unjust".

The Solicitor-General appealed on the grounds the sentence was too lenient.

Johnson pleaded guilty to seven charges of sexual conduct with the girl. There were many more sexual encounters than this but the defendant turned 16, and the legal age of consent, partway through the four-month relationship, the court was told.

The pair knew each other as the girl had recently been in a relationship with a relative of Johnson's.

She climbed out her bedroom window to meet Johnson, who took her back to his house or to parks for sex.

The Court of Appeal described the relationship as "rough, dominating and demeaning".

A victim-impact statement said the girl's feelings of shame and worthlessness led to her not completing her schooling.

Defence counsel Jonathan Eaton said Johnson did not target the girl, but she became caught up in the damaging lifestyle he began when his marriage broke up.

"He was acting in a manner which was destined to self-destruct," Eaton said.

"He was binge drinking, not sleeping, not taking any medication. He turned his house into a 24-hour party house."

- NZPA