Stanley told the court a comment to police had been misconstrued and her client was adamant he wasn\u2019t seeking pleasure from the victim\u2019s distress.<\/p>\n
Rather, he wanted the messaging to continue and didn\u2019t mean to scare her, she said.<\/p>\n
It was a point Judge Sainsbury addressed in his sentencing indication, describing the argument that Burton wanted to maintain a relationship with the victim, rather than cause her harm, as odd, given he could have achieved that in a benign way.<\/p>\n
The judge also noted that Burton\u2019s claim of having tens of thousands of followers or readers was simply bravado and was untrue.<\/p>\n
He had been messaging the teen through Snapchat. Photo \/ Getty Images<\/p>\n
At sentencing, Crown prosecutor Harshaa Prasad acknowledged Burton had undertaken counselling to address his alcohol addiction.<\/p>\n
She had also read his reflection letter and acknowledged he was entitled to credit for his rehabilitation and remorse, albeit limited.<\/p>\n
Prasad accepted a sentence of home detention was possible if there was information about how Burton planned to address the factors behind his offending.<\/p>\n
The victim impact statement from the girl\u2019s mother was also read out in court, in which she described how the offending left her daughter feeling frightened, withdrawn and ashamed at a critical period in her life.<\/p>\n
Stanley said Burton had benefited from reading the statement and now understood the extent of the harm caused to the victim.<\/p>\n
\u201cAt the time this was going on, Mr Burton was probably in a world of pain; things weren\u2019t going well in his life. <\/p>\n
\u201cHe was thinking only of himself and he wasn\u2019t thinking if this was the right thing to do, to be messaging this young person.\u201d<\/p>\n
She said Burton knew his behaviour was wrong, but with the passage of time had become increasingly aware of why his behaviour was unacceptable and against the law.<\/p>\n
Stanley said her client had taken steps to address his alcohol addiction but that further help, including from a doctor, might also be required.<\/p>\n
Finally, she said Burton was now living with a couple who were keen to support him and his home life was the most stable it had been in years.<\/p>\n
Stay in the community, judge says<\/p>\n
In sentencing, Judge Sainsbury said whatever Burton may or may not have intended, he had overlooked the age and circumstances of the victim at the time of his offending.<\/p>\n
But the judge said the key issue in sentencing was how to avoid future victims, noting the offending tended to occur when Burton was isolated and abusing alcohol.<\/p>\n
While prison would meet the sentencing objectives of deterrence and denunciation, it would not address Burton\u2019s rehabilitative needs.<\/p>\n
Set against that, he was living with a supportive couple and was taking steps to address his alcohol addiction.<\/p>\n
\u201cThe best chance of avoiding further victims is for you to stay in the community with the support you have around you,\u201d Judge Sainsbury said. <\/p>\n
On a charge of blackmail, Burton was sentenced to six months\u2019 home detention and ordered to serve 100 hours of community work.<\/p>\n
A number of conditions were also imposed, including that he not contact the victim.<\/p>\n
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice. <\/p>\n