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R v Walsh [2018] NZDC 3842

Published 25 February 2019

Attempting to enter contract for sexual services with person under 18 — Doling v Police HC Tauranga CRI-2010-470-12, 18 March 2010 — Prostitution Reform Act 2003 — Sentencing Act 2002. The defendant faced sentence for attempting to enter into a contract for sexual services with a person under the age of 18, plus possession of a utensil for consuming methamphetamine. He had met a girl under the age of 16, and offered to pay her for sex. She refused his offer, but the two then had consensual sex anyway, leading to the defendant's arrest. In setting a sentence the court observed that the offending was serious, more so than in Doling v Police, as actual sexual connection had occurred and there was a significant power imbalance and age difference between the defendant and the girl. However the defendant was assessed as being at low risk of re-offending, and was motivated to address his drug problem. Given the time the defendant had served already, the court considered that six months' community detention was an adequate sentence, along with 12 months' supervision with conditions.