Tauranga man sentenced to 13-plus years' prison for violent rape and kidnapping

Warning: Distressing content

A man angry a woman wouldn't withdraw a police statement against him retaliated by driving her to a remote property, dragging her from the car by her hair and holding a machete to her throat as he threatened to chop off her head.

It was the start of a horrendous ordeal for the terrified victim, who later had a rope tied around her neck before being raped.

Tauranga man Shad Undersen, 48, was sentenced to a period of 13 years and seven months' imprisonment by Justice Simon Moore in the High Court at Rotorua on Thursday on what he described as a "catalogue" of 17 charges.

But the repeat offender has been given one final opportunity to change after the judge decided against locking Undersen away for preventive detention - a decision made on the "finest of margins".

The charges against Undersen included two each of rape and unlawful sexual connection, two of kidnapping and three of attempting to pervert the course of justice.

The remaining eight charges included three of threatening to kill, three of assault with intent to injure and two of male assaults female.

Undersen originally pleaded guilty to a single charge of threatening to kill. The remaining 16 charges were put to a jury during a trial at the Tauranga District Court last year, where Undersen was found guilty.

The period of offending began in December 2018, about 10 months after Undersen was released from prison after a nine-year stint related to a prior conviction of running over a police officer.

On the evening of December 10, 2018, a woman Undersen knew arrived at his property to see him. Undersen opened the car door for the woman, before placing her in a headlock.

Undersen threatened to kill the woman, punching her several times in the head. She managed to flee the scene to call police.

By the time police arrived, Undersen had fled. He evaded the authorities for several weeks. During this period, the woman gave a detailed statement to police about the abuse.

Two weeks later on December 23, the victim was preparing to go to bed when Undersen showed up at her property. He began to argue with her about the police statement, demanding she formally withdraw her comments.

Undersen grew agitated and threw the woman to the floor. He then hit her repeatedly with a wooden rod.

On January 14, 2019, Undersen returned to the victim's home and continued to pressure her to withdraw her statement. Under the threat of violence, he convinced her to go to the Citizens Advice Bureau so she could seek advice on how to withdraw her statement. He waited in his vehicle.

Behind closed doors, the victim decided against withdrawing the statement - a move described as "courageous" by Justice Moore. She left the bureau offices and joined Undersen in his vehicle.

After leaving the offices, Undersen drunkenly drove the victim to a remote rural property in the Western Bay, threatening to kill her during the journey.

Undersen dragged the victim from the car by her hair, holding a machete to her throat, threatening her and kicking her in the head.

Undersen pressured the woman to withdraw her initial statement to Police, forcing her to meet with the Citizens Advice Bureau in Tauranga under the threat of further violence. Photo / NZME

The victim managed to escape to a nearby road, but Undersen caught up to her, placing her back in his vehicle.

He took her to a caravan on the rural property, tied a rope around her neck and led her around the property. Undersen told her he was looking for a tree to hang her from and that she would "die today".

He tightened the rope as the victim fell down a nearby bank, resulting in her losing consciousness.

Moments later, Undersen poured water over her to wake her; when she did, he raped her.

In the days after the offending, Undersen was formally charged by police and remanded in custody at Waikeria Prison.

'A long history of offending'

In handing down his sentence, Justice Moore said Undersen's list of previous offences meant his longest period out of prison as an adult was just three years in the late 1990s.

Undersen had previously been convicted of violent offences, most notably running over a Hamilton police officer - breaking seven of his ribs - in 2009, leading to a three-hour standoff on the banks of the Waikato River.

Thursday's sentencing marked the third conviction related to physical violence against a woman - a fact Justice Moore said suggested a "pattern of offending".

"This catalogue of charges reflects the truly horrific violence you inflicted on the victim."

However, despite the list of prior offences, Justice Moore decided against a sentence of preventive detention - an indeterminate prison sentence designed to keep criminals out of society.

Undersen was deemed to be at high risk of violent reoffending, particularly against women.

"The combination of these factors leads me to believe you have a tendency to commit serious offences in the future," Justice Moore said.

"But I am not satisfied that your rehabilitative potential has been exhausted."

A psychological report provided to the court detailed that Undersen had a strong desire to change, which the psychologist believed was possible if enough support was offered.

"Thirteen years and seven months in prison is a very long sentence. It is likely you will be well into your 60s by the time you are released."

Justice Moore said by the time of Undersen's release, the authorities would make their own determination around the risk of reoffending, and left the door open for electronically-monitored restrictions to be imposed on release, should it be deemed necessary.

"How this plays out from this point, Mr Undersen, is entirely in your hands," Justice Moore told the offender. "If you engage with rehabilitation, you will get out of prison earlier and as a better and safer person.

"If you don't, you will stay in jail for a very long time. The choice is yours."

Where to go for help or more information:
• Shine, free national helpline 9am- 11pm every day - 0508 744 633 www.2shine.org.nz
• Women's Refuge: Free national crisis line operates 24/7 - 0800 refuge or 0800 733 843 www.womensrefuge.org.nz
• Shakti: Providing specialist cultural services for African, Asian and middle eastern women and their children. Crisis line 24/7 0800 742 584
• It's Not Ok: Information line 0800 456 450 www.areyouok.org.nz