Suppression orders have been in place since the case went to court three years ago.
This month, Judge Anna Skellern released her sentencing notes and decision permanently suppressing the man’s name.
His name was suppressed because allowing it to be published could identify people connected to him, whose names the judge suppressed on grounds of undue hardship.
She also suppressed the name of a Rotorua business. The victim’s name is automatically suppressed.
The Crown opposed suppression. Among its arguments were that those connected to the man were not directly mentioned in the evidence at trial. The Crown argued that if name suppression for them was removed, it would remove the grounds for suppression of the man’s name.
Significant victim impact
The victim and offender met while socalising at a bar on March 13, 2022 and eventually started kissing consensually in an alleyway.
When she tripped and fell, he got on top of her, removed her underwear and raped her.
Judge Skellern said the victim had been vomiting due to being “very significantly intoxicated” and told the man “no”.
A medical examination the following day showed the victim had an abrasion inside her pubic area and bruising to her back, leg, arms and breasts.
Judge Skellern said the impact on the victim was significant.
Rotorua Courthouse. Photo / Andrew Warner
The victim told the sentencing hearing the rape had changed how she lived.
She no longer enjoyed social events or making new friends and suffered anxiety in those situations.
It had also impacted her family and job as a teacher, saying she was no longer confident and engaged.
The rape had left the victim with deep physical and emotional scars, Judge Skellern said.
Alcohol issues and 13 previous convictions
A pre-sentence report from December said the man still denied his guilt.
The report said he would be at risk of re-offending until he addressed the causes of his offending. Treatment for alcohol and drug abuse should be considered.
A psychologist’s report from February indicated he was engaging in appointments relating to his alcohol issues and working on his mental health.
The court was given 13 letters from friends, family and associates who spoke of his good character. Some were in disbelief he would offend in this way.
Crown prosecutor Anna McConachy asked for a sentencing starting point of seven-and-a-half to eight years in prison, noting the impact on the victim and her vulnerability due to extreme intoxication.
McConachy said the man showed no remorse as he continued to deny the offending, and his letter to the court centred on himself and his personal circumstances.
The man had no relevant previous convictions, but 13 other convictions including one after the rape, challenged any credit for good character.
The man’s lawyer, Tim Braithwaite, said the prison starting point should be six years.
He argued the man should be given credit for his good character as none of his other convictions involved offending against people.
Braithwaite said the man acknowledged his alcohol issues and the impact the situation had on his victim. He also asked for a discount, given the man was on restrictive bail conditions for five months.
The judge’s sentence
Judge Skellern gave a starting point of seven years’ jail.
The victim’s vulnerability and acute harm caused to her were aggravating features.
“The fact that the victim was vomiting during part of this offending raises the possibility of a risk to her health …”
She acknowledged the offender’s letters of support but said his criminal record meant she could not offer any discount for previous good character or for remorse, given his ongoing denial of the offending.
He was given a 5% discount for rehabilitative prospects given his “dawning awareness that his use of alcohol is really problematic”.
She gave a 15% discount for what she described as “unusual and extreme circumstances” relating to the impact his imprisonment would have on those close to him.
She also reduced the sentence by two months for his restrictive bail conditions, coming to an end sentence of five years and five months.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
