KEY POINTS:
Sexual sadist Johnathan Andrew Smallbon's attack on a man in Christchurch had "eerie similarities" to similar offences he committed in Australia before being deported from there, a judge said today.
Justice Graham Panckhurst, imposing a preventive detention sentence on Smallbon in the High Court at Christchurch, said: "I
have no doubt that a finite term of imprisonment is not enough.
"In my view the only way to secure the protection of vulnerable boys and young men from you is by the imposition of preventive detention."
He set a minimum non-parole period of eight years as part of the indefinite prison term, and indicated that 31-year-old Smallbon needed to undertake treatment for his sex offending if he ever wanted release.
The target of his latest offending read his victim impact statement in court, telling the court he was worried that Smallbon would get a sentence that would eventually allow his release.
"I believe he will do it again, and if he does the next person may not be as lucky as me, and be killed."
Smallbon lured his 24-year-old victim into his bedsit on December 30 to help move a refrigerator, but then attacked him, threatened him with a knife, gagged him with a sock and tied him up, sexually abused him during the night, and again the next day while he remained captive for another five hours.
He also strangled the victim enough to cause burst blood vessels in his eyes.
Before he released him, he tried to befriend him, and then apparently waited for the police to arrive.
When arrested, he quickly pleaded guilty to charges of abduction for the purpose of sexual violation, assault with a knife, threatening to kill and two counts of sexual violation.
In court today, defence counsel Gerard Lynch said Smallbon did not oppose the Crown's application for preventive detention, and would take any opportunity for treatment.
But crown prosecutor Jane Farish said help had been offered -- the methadone programme, and a stopping violence programme -- when Smallbon had been deported from Australia at the end of a sentence last year.
He had declined the help, and the latest offences occurred about four months after he took up residence in central Christchurch.
Justice Panckhurst said the offending had eerie similarities with his offending against teenage boys in Australia where they had been abducted at knifepoint, subjected to sexual indecencies, and strangled.
In the last case in Australia, Smallbon had driven his victim to the police station afterwards and had waited outside to be arrested.
Reports from health assessors indicated Smallbon fitted the criteria for sexual sadism. He had been subject to recurrent sexual fantasies about the domination and control of his sexual victims.
He had been jailed for eight years in New South Wales in 1999, and had served almost the whole sentence before his release and deportation last year.
He had not taken part in treatment during that time in prison because he had been unco-operative, abusive of others, and unsuitable for participation in the programme.
The Christchurch victim told the court he could not stop thinking about the incident and had been left with depression, anxiety and difficulty concentrating.
He was fearful of strangers, gave up his job, and moved away from Christchurch to his home town. He now only went out with family or close friends.
"I sometimes wonder if there is anything I could have done to escape, but I think it's just as well I didn't try anything," he said.
Justice Panckhurst told Smallbon: "Your case is clearer than any other I have had before me as to the need for a sentence of preventive detention."
Smallbon stood with his head bowed as the judge imposed the sentence. His victim gave him a brief sideways glance as he was led out of the silent courtroom.
- NZPA
