One of two men who abducted a Dutch couple and sexually assaulted one could be locked up for life after a judge agreed he was a candidate for preventive detention - the toughest penalty under New Zealand law.
Keith Anthony McEwen, 30, orchestrated the November 10 kidnapping of the couple from their camper van at Haruru Falls.
He and Christopher Mana Manuel, 28, posed as police officers and barged their way into the van at gunpoint, tying the pair up and demanding money.
The couple were driven around the Bay of Islands area for several hours during which time McEwen raped and sexually violated the woman.
The two men robbed the couple of $900 before dumping them near Towai.
McEwen pleaded guilty to one charge of rape, five of sexual violation, two of kidnapping, two of aggravated robbery, and one each of attempted stupefaction and using a document
Manuel pleaded guilty to two counts of kidnapping and aggravated robbery, being a party to rape and using a document.
They were to be sentenced last month but the Crown asked Judge John McDonald to decline jurisdiction so McEwen could be considered for preventive detention - an open-ended sentence which allows a prisoner to be detained indefinitely if it is considered he would re-offend if released.
The application was opposed by McEwen's lawyer Catherine Cull, who said his previous convictions did not justify such a sentence.
In his ruling released yesterday, Judge McDonald agreed to send the case to the High Court so such a sentence could be considered.
"I consider that having regard to all the matters, that the High Court would have to seriously consider preventive detention as a sentencing option," he said.
In his ruling, the judge outlined McEwen's history.
McEwen was first convicted of aggravated robbery in 1993 when he would have been 16.
The judge said his offending had continued "almost unbroken" since then.
In May 1997, he was jailed for one year for dishonesty offences and on a charge of dangerous driving causing injury or death.
In December 1998, he was jailed for two years for firearm, burglary and other dishonesty offences, the judge said.
McEwen was later convicted of stealing treasure from the Tui ship museum at Waitangi and jailed for 7 years.
The judge said after being released from that sentence, he breached his parole. A warrant for his arrest was issued in May last year and he went on to commit several other dishonesty offences before kidnapping the tourists.
"From a reading of the probation report, Mr McEwen has done little to address the underlying reasons why he commits criminal offences.
"He attempts to shift blame for his offending on to his substance abuse, in particular his constant use of pure methamphetamine," Judge McDonald said.
McEwen and Manuel will appear in the High Court at Whangarei on May 31 for a sentencing date to be set.
Manuel is not being considered for preventive detention.
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