sex offence<\/a> unless the victim consents, Judge Fitzgibbon said it did not apply in this case, as no conviction was entered for his offending.<\/p>\nConviction \u2018simply would not fly\u2019 for his employer<\/p>\n
At the man\u2019s sentencing last year, Teppett argued his client should be granted a discharge without conviction because the consequences of a conviction would outweigh the gravity of the offending.<\/p>\n
Teppett said the court was dealing with his client\u2019s \u201cunsophisticated, amateur attempt to secure the recording\u201d.<\/p>\n
If convicted, the man was likely to lose his job in the software industry and would not be able to get another, Teppett argued.<\/p>\n
A conviction of this nature 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
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 application for discharge without conviction at the time 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
Burgess told the court that Immigration New Zealand should be made aware of the full nature of a person\u2019s history. The agency\u2019s understanding of the defendant would be limited if he was not convicted for the offending. <\/p>\n
Not imposing a conviction would also send the wrong message about 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 afterwards.<\/p>\n
Victim labels man\u2019s action \u2018dangerous and sneaky\u2019<\/p>\n
Judge Fitzgibbon said at last year\u2019s sentencing hearing that the defendant claimed that pressing the record button was a \u201cspontaneous decision\u201d as he was struggling to maintain an erection.<\/p>\n
She said he 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
This premeditation and the woman\u2019s vulnerability were both aggravating factors, she said.<\/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
The judge found the consequences of a conviction would be disproportionate to the offending.<\/p>\n
She ordered the man to pay $1000 in reparation to his victim.<\/p>\n
The complainant\u2019s victim impact statement said the man needed to be held to account.<\/p>\n
\u201cI believe you are dangerous and sneaky,\u201d she wrote, noting that women in his workplace and life should know about his actions.<\/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
Sign up to The Daily H<\/a>, a free newsletter curated by our editors and delivered straight to your inbox every weekday.<\/p>\n","protected":false},"excerpt":{"rendered":"Police seized the eyewear and confirmed they were Ray-Ban Meta smart glasses, used to take photos, video and…\n","protected":false},"author":2,"featured_media":424281,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[51,682,25346,2562,8996,44309,545,51175,593,2082,1668,38937,33184,82,34700,111,43,139,69,28703,102041,1974,38988,7680,15362,8183,13618,1361,61,13920,6123,1299,102,1339,12767,6730],"class_list":["post-424280","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-auckland","tag-being","tag-cause","tag-claims","tag-consent","tag-engineer","tag-extreme","tag-fights","tag-film","tag-for","tag-front","tag-glasses","tag-hardship","tag-identified","tag-naked","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-offending","tag-pressed","tag-record","tag-relation","tag-sex","tag-smart","tag-software","tag-suppression","tag-that","tag-to","tag-tried","tag-while","tag-who","tag-with","tag-without","tag-worker","tag-would"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/424280","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=424280"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/424280\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/424281"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=424280"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=424280"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=424280"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}