Man jailed for harassing young girl (Update)

A Smith’s man was jailed for three years today for harassing a young girl on a bus.

Davaun Cox, 29, admitted having an inappropriate and lewd conversation with the 13-year-old girl on a bus ride from Hamilton heading east.

As a result of the incident the teenagers says she is uncomfortable taking the bus and begs her mother to collect her from school.

The court was told that the victim boarded a bus heading home to Smith’s in March 2012.

She was sitting at the back of the bus when she saw Cox talking to another girl about her age.

The girl put her earphones in her ears so that he wouldn’t talk to her.

Cox then got up from his seat and sat right in front of the victim and told her she was beautiful.

He continued to tell her how pretty he thought she was and the victim became scared.

Crown counsel Takiyah Burgess said the victim was uncomfortable because “he was an older male person and shouldn’t be saying those things to her”.

The defendant continued to talk to the girl and looked at her inappropriately.

Ms Burgess said he then asked the victim how old she was and she said 13.

He told her she looked 21-years-old.

Cox then said: “Would it be weird if I asked you what kind of underpants you have on?”

The girl told him yes. Cox then asked if he could come home with her and she told him no.

Mr Burgess said: “The girl thought the accused was going to follow her home and rape her. She got off the bus and ran home.”

The court heard the girl told her mother what happened on the bus, but the matter wasn’t reported to police straight away.

At a later date, the victim pointed Cox out to her mother at the Hamilton Bus Depot. Her mother approached Cox and told him to stay away from her daughter.

Cox denied knowing or seeing her before. The matter was then reported to police.

In the victim impact statement, the girl said her view of men has changed because of the defendant.

She said: “I hate taking the bus. I beg my mother to pick me up from school.

“When I find myself going to town, I try to go with two of my friends to go unnoticed.”

Mitigating for Cox, Kamal Worrell, said his client wasn’t trying to upset the girl and argued that because she wasn’t in a uniform, he didn't know she was of school age.

But Senior Magistrate Archibald Warner disagreed and said: “If you have lewd conversation with a young girl and ask her what colour panty she has on, that’s not a clear intention of harassment?”

Mr Worrell said: “He didn't have any intention of upsetting or alarming or causing any fear to the young girl in question.”

Mr Warner called Mr Worrell’s submission “ridiculous and abysmal”.

Sentencing the defendant, Mr Warner said he had “serious mental health issues” and prison was the only option.

“He has a history of committing similar offences and has a propensity to commit these offences," he added.

Cox was jailed for three years and given two years probation. Mental health treatment will be offered to him.