Child sex offender spared jail

STAYING HOME: A sex offender has been given nine months' home detention.

Anxiety and ill-health have kept a child sex offender from jail.

Masterton man Wayne John McNicholl has been sentenced to nine months' home detention after being found guilty of committing six counts of indecency with two boys under 16.

During an earlier jury trial, McNicholl had denied committing the offences, which took place between 1978 and 1984 in Wairarapa.

Speaking at the sentencing in Wellington District Court on September 24, Judge Chris Tuohy said that, at the time of the offending, McNicholl, then in his 20s, had been an employee and trusted friend at the farm where the boys lived.

McNicholl had touched the boys and induced them to touch him, Judge Tuohy said.

The offending went on to have a "considerable emotional effect upon [one victim] over a very long period".

Now aged 62, McNicholl had provided the court with evidence of his serious health problems.

"Your problems are by no means imaginary; they are very real and numerous, quite complex. One of them, which is relevant particularly, is the fact that you have quite a serious anxiety disorder."

Home detention was "strongly indicated" due to McNicholl's age, health problems and an anxiety disorder, which would make imprisonment very difficult, Judge Tuohy said.

"Other factors that point towards home detention are the lack of previous convictions and what I consider the very minimal likelihood of any reoffending. I say that despite your denial, because the fact of the matter is that it has been 30 years or so since you offended and there has been no suggestion of any other offending."

Judge Tuohy said the offending, even though it continued over a long period, could "still be seen as somewhat of an aberration in your life. You continue to deny that you have offended, so there can be no question of any remorse on your part or any credit for remorse, or obviously, for a guilty plea, as there was none".

One factor complicating the sentencing was the fact the offending took place 30-35 years ago, Judge Tuohy said.

But working from a starting sentence of 21 months' imprisonment, three months could be deducted for McNicholl's otherwise good character, which left a possible sentence of 18 months' imprisonment. Because there was no parole with home detention, it was normal to impose a length of sentence of half the duration of a jail term, Judge Tuohy said.

In accordance with the conditions outlined in the pre-sentence report, McNicholl was required to move to another town to serve his term of home detention.