However, Judge Jo Rielly was less convinced.
“Your excuses are eternally inconsistent,” she said of his differing stories since his arrest.
About 4.30pm on September 12 last year, the victim, a 14-year-old girl, was walking home in her school uniform.
Judge Rielly said it highlighted the point that McNaughton would have been able to identify her as a young person.
At the same time, McNaughton was walking through the Richmond business district to begin a 5pm shift at work and cut through Berryfields Estate subdivision.
After crossing a walkway, the victim was approaching from the other direction. McNaughton greeted her by saying “Hello”, to which the victim responded by smiling politely.
McNaughton then turned and walked back towards her. As the victim looked back, she saw he had exposed himself to her and was gesturing to her.
She turned and ran, afraid he would follow her. She sought refuge at a nearby house until the homeowner saw her and helped.
McNaughton, who has a conviction for similar offending against an adult woman, later said he was “disgusted by his actions” and admitted he “had a problem”.
“That’s one thing you did get right when you told the police you have a problem,” Judge Rielly said.
McNaughton acknowledged he had caused harm to the victim but disagreed he had turned back when he saw her.
The impact on the victim was significant enough that she was unable to be in court today, but a close family member was there.
Judge Rielly said the victim no longer wanted to be alone and had changed what she wore out of fear she might show “too much skin”. She now overthought every time a man looked at her, had bad anxiety and had lost confidence.
She also wondered why McNaughton would think a 14-year-old girl would want to see what she had, which she said was “sick and disgusting behaviour”.
James McNaughton concerned about impact on his own daughters
Judge Rielly noted McNaughton’s concerns for the impact on his daughters from his offending and said she was sure he would not wish anything similar might happen to them.
“You have caused significant harm to a young member of the community,” she said.
Aggravating features included the victim’s age, that she was “significantly vulnerable” by being on her own in a public place when she had been followed.
Judge Rielly acknowledged McNaughton’s insight into the harm he’d caused, but because he was already in custody on other matters, there was no alternative to a term of imprisonment.
Special conditions on release included that he be assessed for substance misuse and that he attend counselling and rehabilitation as directed.
McNaughton was due to appear in court again later this month for a case review on other unrelated charges.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
