A former sex offender, who abducted and molested a five-year-old Tauranga girl in 2005, is under an extended supervision order for the next 10 years after he breached his prison release conditions.
Tony Douglas Robertson, now aged 26, was 18 when he was jailed for sex offending that took place in Tauranga in December 2005.
He was released from prison December 11, 2013, after serving an eight year sentence, and on January 6, was convicted of breaching parole conditions.
The High Court in Auckland heard how Robertson failed to comply with house rules imposed by the Prisoners Aid and Rehabilitation Society, which was providing him with accommodation.
Robertson was evicted because he allowed visitors not approved by the Society to reside with him overnight. He was sentenced to six months’ community detention for that offence.
He was also charged with being in a public park on January 16, in spite of a previous warning. One of his release conditions is that he not enter a public park, reserve, or any place where children are likely to congregate, unless he is under direct supervision at the time.
When seeking bail in the District Court, Robertson denied the breach, even though he was wearing an electronic bracelet with GPS.
Robertson was 18 when he was arrested for abducting and molesting a five-year-old Tauranga girl. The offending took place on December 14-15 2005.
On December 14 Robertson accosted a 12-year-old Welcome Bay boy walking home from school, and took his cellphone. Soon after he approached three children, aged six, seven and eight and invited them to enter his car, telling them their mother was at a nearby service station and that she had a present for them. One of the children ran up to his mother nearby and when she approached Robertson he drove off.
The next morning, he approached a five-year-old girl and her seven year-old brother near Maungatapu School.
He invited the girl into his car, telling her that her mother was at a nearby beach and had a present for her. The girl got into his car and Robertson pretended to speak to the girl’s mother by cellphone. He told her brother not to get into the car and drove off.
The brother promptly alerted his teacher, who in turn alerted the police. An extensive search was mounted and at 9.45am Robertson was found with the girl a short distance out of Tauranga.
According to court documents, the child was on the front seat, which had been reclined. She was upset and crying. In a later interview, the girl stated that Robertson had asked to photograph her in her boxer shorts, which were later found in the back of the car. He had asked her to roll on her stomach, touched her underwear and bottom, licked her thigh, and tried to kiss her face. She pushed him away and protested.
Robertson was found guilty by a jury and sentenced to seven years and six months’ jail in relation to the abduction, a sentence of six months’ imprisonment in respect of the robbery conviction, and two years and six months’ jail on each of the convictions for attempted kidnapping, and a sentence of two years’ imprisonment on each of the three convictions for doing an indecent act on a child.
The sentences to be concurrent but cumulative with a six month sentence for offending while awaiting trial. The total was eight years with a minimum non-parole period of two-thirds of the total sentence.
Robertson unsuccessfully appealed the conviction and remains in denial about the offending.
His criminal history starts in 2003 when he was 16-years-old. By the time he was 18 he had convictions for assault, aggravated robbery, possession of an offensive weapon, wilful damage, threatening to kill, burglary, receiving, breaching conditions of supervision and breaching a community work order.
Justice Edwin Wylie says psychologists reports leave him satisfied Robertson is likely to commit more indecent offending against children, and that Robertson will abduct a child for the purpose of sexual connection.
“In reaching this conclusion, I note that Mr Robertson has an appalling criminal history. That history has escalated to offending against young children,” said the judge.
“The offending has extended to sexual offending against young children. I am satisfied that any further sexual offending by Mr Robertson would be likely to involve prepubescent female children, who have been abducted after being deceived into accompanying him. The evidence compels the conclusion that Mr Robertson is impulsive, and that he is unable to control his anger and aggression,” says Justice Wylie in his notes.
“The index offending and the evidence suggest that Mr Robertson has a predilection for, and a proclivity towards, sexual offending. He has shown no remorse, and undertaken no treatment for such offending.
“Indeed, he continues to deny it. He has a history of failing to comply with court orders, and recent events suggest that his behaviour has not changed in this regard.
“As a non-familial child sex offender, Mr Robertson belongs to a group at a greater risk of sexual recidivism than those convicted solely of offences against family members. He is now aged 26 years. However, research into the effect of age upon release identified those aged between 18 and 40 years as having a higher recidivism rate than any other age group.
“There is a real and ongoing risk that cannot sensibly be ignored, having regard to the nature and gravity of the likely offending. In my judgment, an extended supervision order should be made.”
The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk with committing sexual offences against children or young persons, says the Judge.
An offender subject to an extended supervision order is not liable to recall, but may be charged with breaching his or her conditions, with a maximum penalty of two years’ imprisonment.