Indecent act 10 years ago admitted but no conviction recorded

Matthew John Burgess, 39, argued he would lose his employment as a trainee electrician and the voluntary role should he receive a black mark on his criminal record. Photo / File

An apprentice tradesman and volunteer firefighter has avoided a conviction for performing an indecent act on his ex-partner's bed.

Matthew John Burgess, 39, argued he would lose his employment as a trainee electrician and the voluntary role should he receive a black mark on his criminal record.

Judge Emma Smith, in the Dunedin District Court yesterday, ruled those consequences would be out of all proportion to the gravity of the offending, particularly in the post-Covid-19 conditions where jobs were so precious.

The court heard Burgess, of Oamaru, broke up with his former partner in 2010 in acrimonious circumstances.

However, the couple came to an arrangement whereby the defendant would return to the victim's property once a month to mow her lawns.

She would leave $40 cash in a plastic bag attached to the back door for Burgess, court documents said.

In April that year, the man arrived as usual to complete his task while the property was vacant.

Despite having previously returned his key to his ex-partner, Burgess got into the house.

He went to the woman's bedroom and performed an indecent act on to her pillow before leaving the property.

The victim found evidence of what he had done and immediately called Burgess.

He initially denied responsibility but made an admission when the woman said she would go to the police.

"He apologised and advised the victim that he needed to seek help with regard to his mental health," a police summary said.

"The defendant further advised her that if she didn't report the incident to police then they could still be friends."

The victim told the court she wanted Burgess to be accountable for what he did to ensure there were no similar incidents in future.

Judge Smith considered the crime was "moderate" in seriousness.

"On any view your indecent act caused grave distress and upset to your victim," she said.

"It was gross in all regards," Judge Smith said.

Counsel Anne Stevens QC said there was evidence before the court which showed her client would lose both paid and unpaid work if convicted.

She stressed the episode took place a decade ago — Burgess had no convictions before or since then.

Crown prosecutor Robin Bates did not oppose a discharge without conviction.

Judge Smith ordered Burgess pay the victim $1500 for the emotional trauma he caused.