It comes after Justice Minister Paul Goldsmith recently announced a proposed law change removing the need for judges to weigh an offender’s prior good history against the penalty.
For two and a half years, Nield’s case has been tracking through the Kaikohe District Court. In April he was found guilty by a jury of indecent assault, a representative charge of unlawful sexual connection and two charges of unlawful sexual connection.
The jury heard the girl had been indecently assaulted by Nield on nine occasions, and he repeatedly told her “not to tell anyone”.
Trips to Disneyland
The girl’s mother read a victim impact statement expressing the trauma they went through waiting to get to court, while Nield took family vacations to the United States.
“As an adult, you had every opportunity to do the right thing, to confess, to show genuine remorse, and to seek help,” the mother said.
“Instead, you forced a child to carry the weight of the universe. For two years while waiting for the trial that she didn’t need to.
“You travelled to Disneyland and holidayed in America while on bail. While you carry on living entirely unfazed by your actions, her life had turned upside down completely.”
The mother said her daughter now had a low self-worth and carried the crushing weight of shame and embarrassment.
“You did not destroy her. You only succeeded in proving how fierce she is,” she said.
The woman said they hoped the man would one day show remorse and asked the judge to show mercy in his sentencing.
“We pray that you get the psychological help that you so desperately need. And that you can choose to be a decent human being and move forward with your life.”
Crown lawyer Pablo Hambler submitted the victim was particularly vulnerable given Nield’s size, strength and maturity.
Hambler said the offending required a moderate degree of planning, in that Nield would engineer situations so he was alone with the child.
“The Crown’s submission is one of eight to eight-and-a-half years as a starting point,” Hambler said.
Nield’s lawyer David Reece disagreed there was any planning involved.
“I say it was more towards the random end than the planning end, if your honour understands what I’m saying,” Reece said.
“I don’t see a situation where planning actually plays to a large degree.”
Reece submitted a start point of six years was more appropriate.
Mitchell Nield has had a long motocross career. Photo / NZME
‘You were trusted wholeheartedly’
Judge McDonald apologised to the victim for the lengthy delay to trial and praised the victim for her conduct.
“I was taken with the way which she gave evidence, she didn’t wish to put the boot in or the knife, she could have easily said that it did occur hundreds of times,” Judge McDonald said.
Judge McDonald remarked that Nield had called the girl an “out and out liar” but worldwide research shows 93-95% of such allegations are true.
“Somehow the community seem to think the majority of them are untrue. That is not the truth of the truth,” Judge McDonald said.
“You denied at trial, you denied to the pre-sentence report writer that you committed these offences. But the jury were satisfied that the Crown had proved its case beyond reasonable doubt,” Judge McDonald said.
Judge McDonald said he had to impose a sentence that deterred his conduct but was also the least restrictive.
“Your offending was a massive breach of trust, you were trusted wholeheartedly. She was a small young girl and you told her not to say anything,” Judge McDonald said.
“She will carry these scars with her for life. She will have great difficulty trusting any man because of what you did to her.”
Judge McDonald gave Neild a start point of seven-and-a-half years’ imprisonment but despite his prior good character and no criminal record, he gave no discounts.
He will be required to go before the Parole Board for release.
Appearing to be a good person doesn’t make it less serious
Amanda MacFarlane, court support co-ordinator for Rape Crisis, told NZME for too long there has been the perception that those with respectable backgrounds deserve leniency.
“A person’s public image, profession, or previously ‘good’ character should not, and must not, lessen the gravity of what they have been convicted of, or the harm suffered by survivors and their loved ones,” MacFarlane said.
“It is important to be clear, appearing to be a ‘good person’ does not make offending any less serious.
“It is positive to see judges being able to take an approach to sentencing without having to consider good character references, allowing them to focus squarely on the offending and its impact.”
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.