When spoken to by police the man declined to comment. <\/p>\n
The man pleaded guilty to one charge of attempting to make an intimate visual recording on June 13, 2025, at an Auckland CBD brothel.<\/p>\n
He has interim name suppression until a hearing next month, where his application for permanent secrecy will be argued. <\/p>\n
Speaking after the sentencing, brothel madam Mary Brennan, who is not connected to the case, was horrified by today\u2019s decision not to convict, saying it sent a poor message to the sex industry. <\/p>\n
\u201cI\u2019ve seen it happen; it causes a lot of stress and a lot of trauma and a lot of anxiety. It\u2019s not fair that he\u2019s gotten off.<\/p>\n
\u201cThis is not just a sex worker issue, this is a woman issue.\u201d<\/p>\n
Today the man\u2019s lawyer, Sam Teppett, argued the man should be granted a discharge without conviction because he believed the consequences of a conviction would outweigh the gravity of the offending.<\/p>\n
The defendant wore black pants and a jumper in court and was supported by his wife.<\/p>\n
Teppett said the court was dealing with his client\u2019s \u201cunsophisticated amateur attempt to secure the recording\u201d.<\/p>\n
If convicted, Teppett argued the man would likely lose his job in the software industry and would not be able to get another one. <\/p>\n
He said a conviction like this in the man\u2019s industry \u201csimply wouldn\u2019t fly\u201d with current or future employers.<\/p>\n
Teppett said there would also be immigration consequences for the man and his family that could potentially \u201ctear apart his family unit\u201d.<\/p>\n
The woman noticed the man pressing the side of his Ray Ban Meta smart glasses and a light activating: Photo \/ David Paul Morris\/Bloomberg via Getty Images <\/p>\n
He told the court the man had no prior convictions, had shown extraordinary remorse and had donated money to a charity associated with sex workers.<\/p>\n
Police strongly opposed the discharge without conviction application and said no affidavit from the employer had been provided. <\/p>\n
\u201cThe employer should know about this offence,\u201d prosecutor Bronson Burgess said. <\/p>\n
He told the court Immigration New Zealand should be made aware of the full nature of a person\u2019s history and not having a conviction for the offending would limit the agency\u2019s understanding of the defendant.<\/p>\n
To not impose a conviction, he said, would also send the wrong message on safety to sex workers.<\/p>\n
Burgess said the man claimed he had stopped watching pornography and seeing escorts. But if he returned to visiting sex workers, \u201cthey should be entitled to know who they\u2019re offering services to for their own safety\u201d.<\/p>\n
In his view, there was a \u201clevel of premeditation\u201d to the offending as the man had taken a shower and put the glasses back on after.<\/p>\n
Victim labels man\u2019s action \u2018dangerous and sneaky\u2019<\/p>\n
Judge Anna Fitzgibbon said that in the defendant\u2019s affidavit, he claimed pressing record was a \u201cspontaneous decision\u201d as he was struggling to maintain an erection.<\/p>\n
She said the document stated he made the \u201cstupid decision\u201d to film so he could watch it later.<\/p>\n
\u201cTherefore, there was an element of planning, such that you decided to record the interaction so you could view the information later.\u201d<\/p>\n
Judge Fitzgibbon said this premeditation and the woman\u2019s vulnerability were both aggravating factors. <\/p>\n
The man\u2019s early guilty plea, remorse, willingness to attend restorative justice, donation to the New Zealand Prostitutes Collective and ability to maintain employment were mitigating factors.<\/p>\n
She found the consequences of a conviction would be disproportionate to the offending.<\/p>\n
\u201cI consider a discharge without conviction is appropriate.\u201d <\/p>\n
However, she did order the man to pay $1000 in reparation to his victim. <\/p>\n
Judge Fitzgibbon told the court the complainant said in her victim impact statement that the man needed to be held to account.<\/p>\n
\u201cI believe you are dangerous and sneaky,\u201d the woman wrote, noting that women in his workplace and life should know about his actions. <\/p>\n
Brennan told the Herald she felt the man\u2019s conduct was \u201ccreepy and wrong\u201d. She believed he should be named. <\/p>\n
Sex workers now had to be constantly vigilant to ensure clients weren\u2019t recording them, Brennan said.<\/p>\n
\u201cWe\u2019ve got no idea of the scale of this. Because it\u2019s only those that get caught that we know about.\u201d <\/p>\n
Katie Harris is an Auckland-based journalist who covers issues such as sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.<\/p>\n