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Home / New Zealand

Attacker intended rape, court told

NZPA
26 Nov, 2010 04:12 AM3 mins to read

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A 15-year-old youth who attacked a woman as she exercised on Gisborne's Kaiti Hill while pushing her child in a pram intended to rape her, it was revealed in Gisborne District Court .

Brian Boyd, now aged 16, pleaded guilty in Youth Court to injuring with intent to cause grievous
bodily harm, but was moved to the jurisdiction of Gisborne District Court, where yesterday he was sentenced to 12 months home detention and 400 hours community work.

Judge Heemi Taumaunu said the complainant, a mother aged in her 30s, was exercising on Kaiti Hill and pushing her son in a pram on February 22.

Boyd followed her and struck her twice on her head and once to the side of her face with a 30cm crowbar.

The woman yelled out "what are you doing" but could not defend herself as she was holding on to the pram.

Boyd ran away but was found by police two hours later, still hiding on Kaiti Hill.

The woman suffered two gashes in her head and a cut to the side of her head. Her quality of life was significantly reduced and she suffered emotional trauma.

Judge Taumaunu said it had not been known what motivated Boyd's offending, despite several reports by various medical professionals.

But recently a psychiatrist had ascertained from Boyd that he had gone to Kaiti Hill with the intention of raping a stranger.

Boyd had not carried out his original intention, as halfway through the attack he realised he was doing wrong, said the psychiatrist.

Crown prosecutor Steve Manning suggested Boyd be sent to the youth wing of Hawke's Bay Regional Prison, while Boyd's lawyer Phil Dreifuss recommended a sentence of home detention and community work.

Judge Taumaunu said it was a marginal decision but he had decided upon a sentence of 12 months of home detention.

The sentence was not an easy option and imprisonment would be easier.

Home detention was more punitive and the consequence of breaching it (imprisonment) would hang over Boyd, he said.

The judge said 12 months of home detention was not sufficient to address the complainant's injuries and trauma.

Boyd was also sentenced to 400 hours community work and ordered to take sexual counselling, anger-management counselling, drug and alcohol counselling, and other counselling as directed.

Mr Dreifuss also applied for name suppression, saying publication of Boyd's name was stigmatising and negated the paramount feature of rehabilitation.

Judge Taumaunu said publication was part and parcel of Boyd's responsibility for what he had done, and did not outweigh rehabilitation.

"He did it."

- NZPA

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