Escott v The Queen

[2017] NZHC 2853

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CRI-2017-485-46 [2017] NZHC 2853

BETWEEN

PAUL THOMAS ESCOTT

Appellant

AND

THE QUEEN Respondent

Hearing:	14 November 2017
Counsel:	L A Scott and B A Crowley for Appellant I R Murray for Crown
Judgment:	21 November 2017

JUDGMENT OF THOMAS J

Introduction

[1]      Paul Escott was sentenced in the Wellington District Court to 11 months’ home detention following guilty pleas for 18 historical indecent assault charges on six boys.1

On 16 August 2017, the Judge ruled that Mr Escott ought to be registered on the Child Sex Offender Register (the Register) pursuant to s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (the Act).2     Mr Escott now

appeals that ruling on the basis the Judge erred in assessing the seriousness of the risk.

1      R v Escott [2017] NZDC 18347.

2      R v Escott [2017] NZDC 18410.

PAUL THOMAS ESCOTT v THE QUEEN [2017] NZHC 2853 [21 November 2017]

Factual background

[2]      Mr Escott is 75 years old. He has had considerable involvement in table tennis throughout his adult life. The offending occurred between 1979 and 1995, when Mr Escott was a table tennis coach.  He used that position to orchestrate moments where he could take advantage of boys involved in table tennis.

[3]      Mr Escott’s convictions are as follows:3

(a)      Three for indecency on a boy aged under 16 (one representative) and three for indecency on a boy over 16 (one representative) against complainant one.   In 1979 when he was aged 36 or 37, Mr Escott touched the 15 year old boy’s legs under the guise of helping him stretch, and lay on the floor so as to look up the boy’s shorts towards his genitals.  While travelling for tournaments that same year, the boy and Mr Escott were billeted to share a room.  Mr Escott ripped off the boy’s covers, looked at his open fly and wrapped his arms around the boy, shaking.  Mr Escott pretended to be wrestling him when the boy struggled free.  Sometime between 1979 and 1980, Mr Escott and the boy went swimming while on a tournament.  Mr Escott caught the boy as he came to the end of a water slide and pretended to wrestle him.

Mr Escott’s hands were focused on the complainant’s abdomen, near his pubic region.   After a while, the complainant’s discomfort with

Mr Escott’s  behaviour  stopped  him  using  the  slide.     A  similar swimming incident happened during a summer tournament in 1980–

1981 and, on the way home, Mr Escott stared at the complainant’s crotch and suggested he take off his track pants.  In December during that same tournament, Mr Escott supplied beer to the complainant and other boys on tour.  After going to bed, the complainant vomited and

Mr Escott demanded he get out of bed and shower.  The complainant

3      Because of the historic nature of the offending, the Crimes Act 1961 provisions vary.  Most are…