Jayden Kirby begged his friend to come over.

He needed the teenager there so he could sleep, the 20-year-old said.

Early on October 4, 2016, the victim finally agreed but as she lay in his bed effectively paralysed by the medication she had taken, Kirby made his move.

At his recent sentencing, the Dunedin District Court heard the defendant initially checked if his friend, who was 18 at the time, was awake.


When he could not rouse her, he slowly unzipped the onesie she was wearing and violated her.

"He started to kiss the victim and forced his tongue into her mouth between her teeth," court documents said.

"She closed her teeth together so he stopped kissing her."

The terrified teen was aware of the sexual assault but was unable to respond because of the sedative effect of the medication, the court heard.

Kirby removed the victim's nightwear then got up for a drink.

When he returned, the abuse continued.

He later told police he had no recollection of the events because he was intoxicated but he accepted they must have occurred.

Judge Michael Turner said the offence of sexual violation by unlawful sexual connection represented a gross breach of trust.


"You gave her assurances, you took advantage of her and her vulnerability," he said.

"She was vulnerable; having taken a sedative she was unable to resist, effectively stupefied by the medication she had taken voluntarily."

The judge accepted Kirby was unaware of the drugs the victim had taken.

The serious charge and bail conditions placed on the defendant were still not enough to cease his criminal activities.

On May 16 last year, Kirby was driving an unregistered and unwarranted vehicle around Dunedin when he was seen "fish-tailing" by police.

The defendant fled from pursuing officers at speed and eventually abandoned the car and ran off.

He was tailed again a month later while riding a motorcycle in Green Island.

Kirby tried to evade police but the vehicle had engine problems and he repeated his bid for freedom on foot.

This time, a member of the public slowed him down and he was arrested.

Kirby later pleaded guilty to two counts of failing to stop, dangerous driving and reckless driving.

Defence counsel Campbell Savage acknowledged his client had previous convictions for driving and violence, but said he was an "ideal candidate" for home detention.

Judge Turner noted the significant impact on the victim, which led to her undertaking counselling, and Kirby's inability to pay any reparation.

The court heard the man did not meet the threshold for sex-offender counselling whether in the community or behind bars.

The judge described the issue as "somewhat troubling".

He sentenced Kirby to two years, four months' imprisonment and banned him from driving for six months.

The Kawasaki he was riding in the second incident was forfeited.