Jonathan David Donoghue leaving the Wellington District Court after being sentenced . Photo / Catherine Hutton
Jonathan David Donoghue leaving the Wellington District Court after being sentenced . Photo / Catherine Hutton
A man who bombarded his elderly neighbour with crude text messages before committing an indecent act in front of her has been sentenced to intensive supervision.
On Thursday the Wellington District Court heard how the elderly victim was so shocked by Jonathan David Donoghue’s actions that she moved in with a friend, while continuing to pay rent on her flat.
On the evening of Boxing Day 2022 Donoghue began bombarding his neighbour with crude and sexual text messages, before wheeling himself in his wheelchair on to his balcony, which is adjacent to the victim’s apartment. Maintaining eye contact he began fondling his penis while staring at the victim and making hush gestures at her.
Donoghue appeared for sentencing after admitting six charges, including indecent exposure and using offensive language.
Jonathan David Donoghue leaving the Wellington District Court after being sentenced. Photo / Catherine Hutton
Reading her victim impact statement, the woman said she’d waited a long time to have her say, but the delay had done nothing to calm her thoughts about him and his behaviour.
Describing herself as a “happy-go-lucky person” she said his actions had broken her trust. She was forced to close her curtains in the heat of summer and was reluctant to turn on her television or use her phone, after he’d texted to say he could hear it.
She said she was offended, angry and repulsed by his actions. She had become an object of his sexual gratification yet had done nothing to warrant that.
Addressing the court, she said it was obvious she had mobility issues, and while she didn’t seek self-pity, she was outraged.
Fearing for her safety she was eventually forced to move in with a friend, whose house wasn’t modified to meet her needs. She’d incurred extra living and travel costs, while still having to pay rent on her flat.
Meanwhile, Donoghue continued to live in his flat.
She finished her victim impact statement by saying: “Jonathan Donoghue, as of now I can finally say I am no longer your victim.”
Donoghue was also sentenced on charges of unlawful possession of a firearm and presenting a firearm as well as charges of drink driving and careless driving.
The firearms charges related to an incident in September 2022 when Donoghue approached four young people in a Wellington suburb carrying a black semi-automatic air pistol in a chest-mounted holster.
He pointed the gun out the window in an aggressive manner leaving the group to fear they were going to be shot.
He drove off, but shortly after was seen shooting the air pistol into a bush.
In October last year, Donoghue’s car collided with a traffic light in Lower Hutt. He was subsequently found to be over the legal alcohol limit.
Donoghue’s lawyer Megan MacKenzie urged Judge Andy Nicholls to take into account her client’s early guilty pleas, describing the offending as “unplanned and unsophisticated”. He also hadn’t been before the courts for 20 years.
She said Donoghue was motivated to seek help and undertake counselling in a bid to reduce his risk of reoffending.
Meanwhile, police prosecutor Lydia McIvor questioned whether Donoghue was remorseful, saying when spoken to about the driving charges he didn’t offer a genuine apology and instead sought to blame others.
Judge Nicholls initially considered a sentence of imprisonment but converted that to a community-based sentence, taking into account Donoghue’s poor physical health and dire financial position. He acknowledged the reports prepared for Donoghue made clear he had a complicated medical history, including poor mental health and drug and alcohol addiction.
Donoghue was sentenced to six months’ community detention and two years of intensive supervision. Judge Nicholls also wiped $720 in fines and ordered Donoghue to pay $500 in emotional harm reparation to his victim.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media advisor at the Ministry of Justice.
