When he asked if there was anything he could do for her, she told him her husband might have some fencing work, and got a pen and paper from another room.
After he gave her his first name and phone number, she escorted him out of the house.
“Once at the front door, the defendant informed the victim he found her attractive, and asked if she wanted him to perform oral sex on her,” the police summary of facts said.
She declined, told him to leave, and he was arrested a short time later.
While on bail 11 days later, the defendant was pulled over in Alexandra by police, who found a cannabis plant, cannabis seeds and a bong in his vehicle.
He was sentenced in the Alexandra District Court on charges of indecent assault, unlawfully being in a yard, possessing cannabis, cannabis seed and a bong, and breaching the Search & Surveillance Act.
Counsel Jacinta Grant said the defendant’s partner was living next door to the victim, and he had gone to the wrong house while under the influence of a “cocktail of legal and illegal drugs”.
Since his second arrest, he had been in custody for nearly four months, which was equivalent to an eight-month term of imprisonment.
Judge Dominic Flatley said the pre-sentence report recommended a sentence of intensive supervision, which he considered “entirely unsuitable”.
The defendant had removed his shoes before entering the house to remain undetected and approached the victim from behind.
Despite undoubtedly being extremely frightened, she had responded “remarkably” by remaining calm, convincing the defendant to provide his name and number and escorting him out of her home.
He agreed with police submissions the offending was aggravated by having elements of a home invasion, as well as the victim’s vulnerability and the emotional impact it had on her.
Judge Flatley sentenced Kahukura to 12 months’ imprisonment, noting he had effectively served eight months already.
