Sentence for rape doubled

Press, 14 September 1987, Page 3

Sentence for rape doubled

Wellington

The Court of Appeal has doubled a two-year prison sentence originally imposed on a Nelson man who raped a woman he followed home from a hotel.

The Court said the twoyear sentence was manifestly inadequate and even four years was a minimum. If a longer sentence had been imposed the Court would not have interfered, Mr Justice Casey said, delivering the judgment.

He said there was nothing in the case which warranted a departure from current sentencing levels..

Gary Leonard Jones, aged 32, pleaded guilty to having sexually violated a woman, aged 21, by raping her on December 20, 1986. Jones followed the woman home from a hotel, walked into her house and forced vaginal and anal intercourse on her.

The Court of Appeal comprised Mr Justice Casey, Mr Justice Bisson, and Mr Justice Chilwell. The Solicitor-General appealed against the sentence imposed in the High Court in Wellington on

August 7 on the ground that two years imprisonment was manifestly inadequate.

Crown counsel, Miss Kristy McDonald, submitted that the High Court judge placed undue weight on Jones’ personal circumstances, including his alcoholism. Alcohol was not to be considered as a mitigating factor since the law was amended on August 1, she said.

Jones’ council, Mr Michael Bungay, Q.C., said that i two years imprisonment was at the bottom end of a range of acceptable sentences, but was within the range. He said Jones had had an alcohol problem since he was 15 years old and claimed to have alcoholic amnesia about the offence. Jones has not had liquor for eight months and this has changed his life, Mr Bungay said.

He said there were cases where sentences of less than two years imprisonment for rape had not been challenged.

The Court allowed the Solicitor-General’s appeal, quashed the two-year sentence, and replaced it with one of four years imprisonment.