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A man who tried to film up a woman's skirt without her knowledge has been discharged without conviction after appealing to the High Court over a judge's initial decision. Kunal Pradhan admitted a charge of attempting to make an intimate visual recording of another person after he was caught by Farmers security staff saw him attempted to record a video up the skirt of a woman, according to a High Court judgement last month. The attempt - made by putting his phone in a bag with the zip open and standing behind the woman - failed and the victim didn't notice, but security reported the incident to police. Judge Keith de Ridder said at that time Pradhan's offending was "quite deliberate, planned and premeditated" and his actions were a "moderately serious type of offending". But Judge de Ridder also considered "the absence of prior offending" and steps taken by Pradhan to rehabilitate and accept responsibility were powerful mitigating factors. Pradhan had told the court he had a job offer, but Judge de Ridder said it was "far from clear" that Pradhan risked having that offer withdrawn if he was convicted, or that future employment could be affected. Pradhan appealed Judge de Ridder's decision on the grounds the judge had overstated the gravity of the offending and understated the consequences of a conviction, and the likelihood of those consequences. Pradhan's lawyer David Dickinson argued Judge de Ridder had erred in his conclusion about the gravity of the offending, described Pradhan's crime as "victimless" and said the judge should have placed greater weight on mitigating factors, such as Pradhan's remorse and rehabilitative action he'd taken. The lawyer for police, Sam Teppett said the judge had correctly considered Pradhan's rehabilitation and remorse as mitigating factors. He also said it was not a victimless crime, and it was available to the judge to conclude the offending was premeditated, and to weigh this against the mitigating factors.
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Upskirting is the practice of taking non-consensual photographs under a person's skirt or kilt , [1] capturing an image of the crotch area , underwear , and sometimes genitalia. An upskirt is a photograph, video, or illustration which incorporates an image made by upskirting. The practice is regarded as a form of sexual fetishism or voyeurism and is similar in nature to downblouse photography. The ethical and legal issue relating to upskirt and downblouse photography is one of a reasonable expectation of privacy , even in a public place. The term "upskirt" is relatively recent, but the concept and interest therein are not. In "polite society", looking up a lady's skirt was regarded as impolite or rude. In less polite society, looking up a lady's skirt or her lifting up the skirt or otherwise exposing her underwear was regarded as bawdy , as in the case of cabaret dances such as the can-can or in the case of entertainment involving the raising of a dancer's dress by her spinning rapidly. By the polite society, such behaviour was widely judged as indecent. The sudden popularity in the s of the miniskirt brought the concept out onto the streets, and was viewed by many as mass exhibitionism. One commentator in the s said, "In European countries

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Modest dressing is the best policy here. Fist year wasn't easy as he didn't match, I moved across the states and our honeymoon consisted of moving. And if he meets it's after calling him for the several time. Sorry if I gave that impression. I know you love her but is it worth it. How long did you date him and put up with that. As you can see Also, the fact that she served a mission is evidence of her dedication to the religion. Get her to explain what she believes, and how it might differ from her church. So, we decide to take a "break" because there was so much tension and resentment in the relationship. Mormons are also taught "Families can be together forever.

A man who tried to film up a woman's skirt without her knowledge has been discharged without conviction after appealing to the High Court over a judge's initial decision. Kunal Pradhan admitted a charge of attempting to make an intimate visual recording of another person after he was caught by Farmers security staff saw him attempted to record a video up the skirt of a woman, according to a High Court judgement last month.

The attempt - made by putting his phone in a bag with the zip open and standing behind the woman - failed and the victim didn't notice, but security reported the incident to police. Judge Keith de Ridder said at that time Pradhan's offending was "quite deliberate, planned and premeditated" and his actions were a "moderately serious type of offending".

But Judge de Ridder also considered "the absence of prior offending" and steps taken by Pradhan to rehabilitate and accept responsibility were powerful mitigating factors.

Pradhan had told the court he had a job offer, but Judge de Ridder said it was "far from clear" that Pradhan risked having that offer withdrawn if he was convicted, or that future employment could be affected. Pradhan appealed Judge de Ridder's decision on the grounds the judge had overstated the gravity of the offending and understated the consequences of a conviction, and the likelihood of those consequences. Pradhan's lawyer David Dickinson argued Judge de Ridder had erred in his conclusion about the gravity of the offending, described Pradhan's crime as "victimless" and said the judge should have placed greater weight on mitigating factors, such as Pradhan's remorse and rehabilitative action he'd taken.

The lawyer for police, Sam Teppett said the judge had correctly considered Pradhan's rehabilitation and remorse as mitigating factors. He also said it was not a victimless crime, and it was available to the judge to conclude the offending was premeditated, and to weigh this against the mitigating factors.

Section of the Sentencing Act provides guidance as to how the discretion of the court to discharge without conviction should be used. In combination, the unsophisticated, isolated and brief nature of the attempted videoing and Mr Pradhan's personal mitigating factors, mean that the gravity of the offending properly sits at the lower end of the spectrum. Dickinson told Justice Whata, Pradhan lost his present job days after he was convicted, the judgement said. He agreed with Judge de Ridder's expression of concern about offending of this nature, and accept that it is not a victimless crime, Justice Whata wrote in his decision.

But overall the crime's seriousness, giving regard to the mitigating features, was low. New Zealand Herald. Subscribe to Premium. Sign In Register. On the go and no time to finish that story right now? Your News is the place for you to save content to read later from any device. Register with us and content you save will appear here so you can access them to read later. New Zealand. Trending Topics. NZME Network. Newstalk ZB. From breaking news to debate and conversation, we bring you the news as it happens. Motorist in critical condition after Dunedin crash.

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