Home detention for an indecent assault

Sentence changed but stays on register.

Sentence changed but stays on register.

A teenager jailed earlier this year for indecently assaulting a sleeping boy after unlawfully entering a workmate’s house, has had his sentence converted to home detention.

Despite the change to his custodial status, Leslie Jacob Oppert, 18, will remain on the national child sex offender register for eight years, as specified by Judge Allan Roberts in Gisborne District Court.

In February, Oppert received a strike warning and was jailed for 18 months by Judge Warren Cathcart, but granted leave to apply for home detention.

While cases involving sexual offending against children largely resulted in imprisonment, it was not presumptively so, Judge Cathcart said.

An electronically-monitored sentence was recommended for Oppert and could have been imposed, but not at that time. Oppert had no suitable address.

In the court yesterday, Judge Roberts converted the remainder of Oppert’s sentence to two and a half months home detention, with six months post-detention conditions.

The change in Oppert’s custodial status could have seen him removed from the national child sex register. Inclusion is automatic with a custodial sentence but discretionary with non-custodial sentences.

Counsel Manaaki Terekia submitted it was unnecessary for Oppert to remain on the list, but Judge Roberts disagreed, citing the seriousness of the offending and its aggravating features, including the unlawful entry, the age of the boy involved and the effect of the offending on him.

Oppert should be included on the list for eight years, the judge said.

The offending occurred about 3.30am in March last year, when Oppert took advantage of his knowledge a workmate with whom he had been drinking. would not be returning home.

Oppert, highly intoxicated, went to the man’s house, aware that a woman and her son — who he had not previously met — would be there alone.

Oppert let himself in through a door left unlocked for his workmate. He roamed about inside, then kissed the boy on the chest as he lay sleeping.

The boy woke and alerted his mother, who tried unsuccessfully to chase Oppert down the street.

A pre-sentence report prepared ahead of the original sentencing, detailed special conditions to be imposed should Oppert be placed on home detention. Those included a psychiatric assessment, an order not to associate or have contact with anyone under 12 except with an approved supervisor, and an assessment for alcohol and other drug counselling.

A teenager jailed earlier this year for indecently assaulting a sleeping boy after unlawfully entering a workmate’s house, has had his sentence converted to home detention.

Despite the change to his custodial status, Leslie Jacob Oppert, 18, will remain on the national child sex offender register for eight years, as specified by Judge Allan Roberts in Gisborne District Court.

In February, Oppert received a strike warning and was jailed for 18 months by Judge Warren Cathcart, but granted leave to apply for home detention.

While cases involving sexual offending against children largely resulted in imprisonment, it was not presumptively so, Judge Cathcart said.

An electronically-monitored sentence was recommended for Oppert and could have been imposed, but not at that time. Oppert had no suitable address.

In the court yesterday, Judge Roberts converted the remainder of Oppert’s sentence to two and a half months home detention, with six months post-detention conditions.

The change in Oppert’s custodial status could have seen him removed from the national child sex register. Inclusion is automatic with a custodial sentence but discretionary with non-custodial sentences.

Counsel Manaaki Terekia submitted it was unnecessary for Oppert to remain on the list, but Judge Roberts disagreed, citing the seriousness of the offending and its aggravating features, including the unlawful entry, the age of the boy involved and the effect of the offending on him.

Oppert should be included on the list for eight years, the judge said.

The offending occurred about 3.30am in March last year, when Oppert took advantage of his knowledge a workmate with whom he had been drinking. would not be returning home.

Oppert, highly intoxicated, went to the man’s house, aware that a woman and her son — who he had not previously met — would be there alone.

Oppert let himself in through a door left unlocked for his workmate. He roamed about inside, then kissed the boy on the chest as he lay sleeping.

The boy woke and alerted his mother, who tried unsuccessfully to chase Oppert down the street.

A pre-sentence report prepared ahead of the original sentencing, detailed special conditions to be imposed should Oppert be placed on home detention. Those included a psychiatric assessment, an order not to associate or have contact with anyone under 12 except with an approved supervisor, and an assessment for alcohol and other drug counselling.

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