he High Court in Auckland, New Zealand has sentenced Attul Kumar Patel on the charge of indecent assault.
This is Mr Patel’s fourth conviction of this type of offending.
Mr Patel has been sentenced to five months’ home detention.
The incident occurred at the Westgate cinema in Auckland on July 22 where Patel sat next to the victim in one of the cinemas.
“You then looked at the complainant a number of times during the movie, before you slid your right hand under the complainant’s buttocks on her seat.
"The complainant was startled by your actions and looked to see your right hand on the seat next to her, and she asked what you were doing. She then told you to move,” Justice Christian Whata said to Patel while sentencing.
A father-of-two, Mr Patel was convicted on three charges of indecent assault in 2014.
“Because the written warning requirements for his second strike offence were not carried out, the record of final warning is incomplete. He must be sentenced as if this is his second strike offence,” justice Whata said.
According to a psychiatric report, Mr Patel has a strong compulsion issue which leads him to touch others, the court heard.
The judge considered Mr Patel's mental health issues, remorse, and guilty plea while sentencing.
“A final sentence of 5 months home detention is imposed, with the special condition that Mr Patel takes his medication, as well as an emotional harm payment of $500,” said Justice Whata.
