Brodie James Hayes, 22, pleaded guilty to indecently assaulting a 5-year-old boy between December 2019 and January 2020. The assault involved a sexual act, with Hayes instructing the child to keep it secret. The victim's mother reported the incident nearly two years later, detailing the lasting emotional trauma on her son.
Initially charged with two counts of sexual violation, the charges were amended to indecent assault after a jury trial began. Hayes' lawyer argued against a criminal conviction, emphasizing the potential impact on his career aspirations in law enforcement or education. The Crown did not oppose the discharge without conviction, noting the police vetting process would still reflect the admitted offense.
Judge Michael Turner acknowledged the significant and ongoing impact on the victim and his family. While noting Hayes' participation in a sex offender program and low risk of reoffending, the judge granted a discharge without conviction. Hayes was ordered to pay $5000 in reparation to the victim's mother at a rate of $10 per week. The Judge emphasized that this decision did not overlook the severity of the offense.
Brodie James Hayes, 22, has appeared in the Dunedin District Court, after earlier pleading guilty to one charge of indecent assault.
The court heard that sometime between the beginning of December 2019 and the end of January 2020, Hayes was alone with a 5-year-old boy.
While the boy was on his hands and knees, Hayes committed a sexual act.
He told the child to keep it a secret.
And the victim did for nearly two years before telling his mother, who reported the incident to police.
The boy’s mother told the court since the offending, her son experienced frequent anger meltdowns and frustration he could not put into words.
"He's told me he hates feeling this way and wishes he was dead at times," she said.
"I feel hurt and betrayed by what Brodie did to my little boy."
The court heard Hayes was originally charged with two charges of sexual violation, which he denied.
After a jury trial began in June last year, those charges were amended to a less serious charge of indecent assault, which Hayes admitted.
Last Thursday, counsel Laura Hann argued her client should not have a criminal conviction for the offending.
She highlighted a conviction would hinder the defendant’s aspirations to work for the police or in education.
Ms Hann noted Hayes was young at the time and if the complaint was made earlier, he would have been dealt with leniently in Youth Court.
The court heard Hayes was also "immature for his age" at the time and was having testosterone injections for his stunted physical development. He had ADHD and was bullied at school.
A conviction might also interfere with his ability to engage in activities with his child at school, the court heard.
Crown prosecutor James Collins did not oppose the defendant’s application for a discharge without conviction, but noted the police vetting process would still show he admitted the sex charge.
Judge Michael Turner said there were "significant, profound and ongoing" impacts on the victim and his family.
He noted Hayes had engaged in a specialist sex offender programme and was assessed as being at a low risk of reoffending.
He displayed clear remorse and insight into the harm he had caused.
"At age 22 you are starting out in life and a conviction is likely to have a significant impact on you," the judge said.
After granting the discharge without conviction, the judge told the victim’s mother he was not overlooking the "abhorrent" nature of the offending.
While the victim’s mother sought $17,500 in reparation, Judge Turner ordered Hayes to pay her $5000, at $10 per week.
It will take nine and a-half years to pay the total.
The judge said the rate of payments should rise if Hayes gained employment.
felicity.dear@odt.co.nzÂ
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