Dennis Brimble was jailed in 2020 for sex offending but successfully appealed his convictions. He then pleaded guilty on all charges when a new victim emerged. Photo / 123rf
Warning: this article discusses sexual assault and may be distressing for some readers.
An Auckland music teacher who successfully appealed his child sex assault convictions subsequently “reassessed” his situation, admitted the abuse and accepted his prison sentence when a new victim emerged.
In May 2020, Dennis Pierrepont Brimble was jailed for five years after being found guilty by a jury of sexually assaulting two boys.
One boy was 14 when he was abused in 1984 and the other was 11 when Brimble targeted him in 2001.
The development in Brimble’s case was revealed in a decision released last week by the District Court.
Judge John Bergseng explained that after Brimble was jailed in 2020 he “successfully appealed conviction”.
“However, with the appearance of (the third victim) as a complainant you clearly re-assessed the whole situation and accepted the sentence,” he said.
The third victim was abused between December 1999 and December 2003.
Brimble admitted representative charges of indecency with a boy, supplying cannabis and sexual violation.
A representative charge means police believe a person has committed multiple offences of the same type in similar circumstances.
Judge Bergseng explained that his sentence for Brimble was effectively the same period in prison imposed by the judge after his trial - with time added to reflect the offending against the third victim.
What did Dennis Brimble do? Judge outlines ‘serious’ offending
Judge Bergseng outlined Brimble’s offending in his decision, provided to the Herald.
He said soon after Brimble met the first victim in 1984 he took him to a nearby school and offered him cannabis and later “pulled him down an alleyway” and sexually assaulted him.
On another occasion, the boy was assaulted at Brimble’s mother’s house.
The pair were in Brimble’s bed and the woman walked in.
The second victim was under 12 and Brimble was his music teacher at school.
“Lessons took place in a private room above the school auditorium. This was on a weekly basis. That gave you the opportunity to fondle (the victim”s) penis and to induce him to do the same to you,” said Judge Bergsend.
“His evidence was that … the fondling occurred after the lesson finished.
“It started the same way, by you discussing pornography with him as a precursor to your actions. It was estimated that this happened on at least 10 occasions, possibly more. There was also a single incident of kissing.”
Brimble met the third victim while teaching him at a “music education centre”.
He was under the age of 10.
“You were 39 years old so there was a more-than-30-year age gap,” the judge said.
“You developed a relationship with (the victim’s) parents, to the point where they would trust you to take their son on camping trips on a number of occasions.
“The offending first occurred on a camping trip…over a New Year period.
“You were staying in separate tents. During the day you would go fishing then later in the evening, over dinner, you gave (the boy) alcohol.
“He does not recall going to sleep, he was not used to the effect of alcohol. He believes that he blacked out. “He woke up in a state of undress.”
Brimble was in the middle of assaulting the boy who “was not able to move as he was pinned down”.
“He describes a similar incident occurring nights later,” said Judge Bergseng.
“You also gave him cannabis, which he had not previously consumed. At night when you were alone in your tent you would kiss him on the mouth, using your tongue.”
He also touched the boy’s genitals and the activity would “progress” to further sexual assaults.
Judge Bergseng also outlined the impact on each of the victims, which they explained in their own words in statements provided to the court.
“(The first victim) is now in his early fifties. He has suffered emotionally from these incidents,” the judge said.
“He says they have had a traumatic and forever effect on his life. He describes being at a vulnerable age and that you took advantage of that vulnerability. He says you normalised your behaviour and preyed on his vulnerability, you betrayed him.
“He feels violated. He felt used like an object and worthless.
“He feels angry and victimised. He says he often sees your head or face when he meets a new male. He has trust issues with other males and continues to do so.”
The second victim trusted adults in his life until Brimble destroyed that.
“He says that you ripped his childhood away from him and the effect of the abuse you committed against him has had an everlasting and ongoing effect on his mental health,” he said.
“He has been diagnosed with post-traumatic stress disorder, anxiety, and depression and has significant trust issues. He has trouble meeting with friends for the fear of what might happen.
“He says that over time he has drunk to forget the pain and the suffering that he endured for all those years.
“He carries a terrible guilt that he hid a painful secret from people that he loved.”
The final victim’s statement was read to Brimble at the second sentencing last year.
“Sadly, it repeats similar effects as are described by your two earlier victims. It has had a significant and ongoing impact on his life,” said Judge Bergseng.
“He says that for the 11 years that you were present in his life, he can only describe it as a hell that he would not wish on anyone.
“He describes the emotional harm and manipulation that he suffered. He still lives with the effects of it today. It pretty much affects him in everything that he does.
“He describes having horrible flashbacks, overwhelming feelings of shame and humiliation. He observes that he was a child trying to fit into an already overwhelming world at the time of the offending.
“His belief is that you took full advantage of his being a shy and quiet child.”
A presentence report was provided to Judge Bergseng which he said had “concerning” aspects.
“You are assessed as being a high risk of re-offending given the historical nature of the offending and the fact that you remain untreated at this juncture,
“Your account of your relationships with the victims was of particular concern to the report writer.
“The impression you gave was you thought the relationships were age-appropriate and that they were somehow contemporaries of yours who were willing participants.”
Brimble told the report writer that he wanted to engage in treatment programmes and that he accepted a prison sentence was inevitable for his offending.
A number of letters of support were also provided from people who had known Brimble for many years.
“Effectively those who have written in support of you describe you as someone who is honest and reliable, they see you as community-minded, someone who has given significant time on a purely voluntary basis and they have clearly been impressed in terms of the work that you undertake or have undertaken,” said Judge Bergsent.
“The theme is that while acknowledging your offending, you are a very different person now from that you were in the 1980s through to the early 2000s.
“You have in your letter explained the time that you have given to the community. You removed yourself from situations where you could breach trust and that you sought to effectively repay some of your debt, to society and your three specific victims, by doing that so that you did not re-offend but also by engaging in community-minded behaviour.”
Brimble’s lawyer told the court the sex offender had been diagnosed with throat cancer and prostate cancer and suffered “anxiety and intermittent depression” among other health issues.
His lawyer said that Brimble’s health meant “that prison is going to be a significantly more difficult sentence” than for others.
“You have come to an understanding in terms of your guilt,” said Judge Bergseng.
“You had previously looked at the detail of the offending and sought to defend it on that basis, but you have now stood back and accepted and acknowledged, through your guilty pleas, that this offending did happen and that you have taken no issue with the way that the complainants have described the offending.
" You have written a detailed letter which sets out the circumstances of your offending. You have clearly acknowledged the harm that you have caused and you have written appropriate letters of apology to each of your victims.
“What you have said is that you recognised that your offending was wrong a number of years ago, you made a deliberate choice to remove yourself from situations where you might be put in a position of breaching trust and further re-offending.
“You attempted to give back to the community as best you could by involving yourself in a number of community-based organisations, your ongoing involvement in music.”
Judge Bergseng said while the offending was “clearly serious” and had to be denounced, it “can also be tempered by the recognition” Brimble had shown.
“In terms of the wrongfulness of your offending and the harm that you have caused,” he said.
He sentenced Brimble to a total of six years and six months in prison.
“You will be a registered sex offender under the Child Sex Offenders Register,” he ordered.
“It will require that on your release there are quite specific obligations that you need to meet in terms of employment, where you live, what contact you have with young people and access to the Internet and various other matters.”