Rape terms increased to 10 years

Press, 25 September 1987, Page 4

Rape terms increased to 10 years

PA Wellington Five Mongrel Mob members convicted on charges relating to the gang rape of an Auckland woman at a gang convention have had their prison sentences increased.

The Court of Appeal has increased prison sentences for rape from seven years to 10 years and for unlawful sexual connection from five years to eight years, after an appeal by the Crown. Delivering the decision of the Full Court yesterday, Sir Robin Cooke said that if the men had been found to be ringleaders, they may have received the maximum prison sentences. In this case, none of the men had been convicted as principals in the offending. Four of them — Ben Richard Te Whalti, aged 27, and Edward Te Whaiti, aged 29, both unemployed, of Featherston; Winiata Soper, aged 27, unemployed, Otahuhu; and Jacob Misitea, aged 21, unemployed, of Porirua — were found guilty of rape and unlawful sexual connection. The fifth man, Dennis Roy Ngaheke, aged 32, was found guilty of unlawful sexual connection.

The seven-year prison sentences Imposed for each of the rape charges were quashed and replaced with 10-year terms. The five-year terms for unlawful sexual connection were also quashed and were replaced by eight-year terms.. Sir Robin said the case related to atrocities inflicted on a woman aged 20. They occurred during a Mongrel Mob gang convention at Ambury Fann Park, Mangere, on December 13 and 14 last year.

The woman was abducted from a street while walking her dog about 9 p.m. Then began an ordeal of unknown duration when she was gangraped and sexually violated.

Sir Robin said photographs were taken recording some of the criminal activity and, “quite vividly, a small part of the girl’s suffering.” "The element of domination and degradation of a helpless woman, treated as the object of utter male licentiousness, is almost unbelievably callous,” he said. “It was an intrusion of the gravest kind into her bodily rights as a human being. To perpetuate this kind of conduct was also an affront to New Zealand society as a whole”.

Whether the courts could reduce the risk of this sort of conduct was unclear, Sir Robin said. “A view often held is that the causes and remedies lie deeper. All that we can say is that the court should do what they fairly can, without totally jettisoning the need to judge each indldivual offender on his or her merits or lack of merits.” Sir Robin noted that this was the first time the question of. the level of sentencing for gang rape of this dimension had come before the Court of Appeal in recent years. The sentencing judge, therefore, had no precedent on which to base sentences. Misitea, Edward and Ben Te Whaiti and Ngaheke had also applied for leave to appeal against their convictions. The Court was satisfied there was no substance for this and the applications were dismissed, Sir Robin said.