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Police v Shane Hughes, 6 September 2007, District Court, Napier, CRI-2007-220-15, Judge Mackintosh
Name: Police v Shane Hughes
Unreported
File number: CRI-2007-220-15
Court: District Court
Location: Napier
Date: 6 September 2007
Judge: Mackintosh J
Charge: Sexual violation, Rape, Aggravated wounding, Threatening to kill
CYPFA:
Key title: Sentencing, Purely Indictable
Case Summary:
SH, a YP aged16 years faced sentencing on charges of sexual violation by rape (purely indictable), aggravated wounding, threatening to kill and escaping from custody.
On 22 January the complainant became lost while walking to work in Hastings in the evening. She asked assistance from SH who was on his bike. SH insisted on showing her where to go and asked her to walk towards a park. As she was walking through the park SH grabbed her form behind, dragged her behind trees and strangled her on four occasions until she was unconscious. SH violently raped the complainant and threatened to kill her if she did not settle down.
SH told the police that he had pushed her down but could not remember whether he had had sexual intercourse with her. The complainant suffered physical injuries to her back, lost her job, has flashbacks and has been suicidal.
SH was taken into CYPS care in January as he had been for many years. He had a dysfunctional childhood, having been the victim of psychological, emotional and physical abuse. He had a history of truancy and misconduct at school.
SH had not provided an explanation for his conduct, nor shown any remorse or empathy for the complainant.
Aggravating features identified were that the rape involved physical violence, the threat to kill, that he raped her while she was totally unconscious, and that there was an element of premeditation. Also aggravating was that the victim was vulnerable.
Mitigating factors were the guilty plea, SH’s young age and his dysfunctional background.
A starting point of 12 years imprisonment would be warranted for an adult.
Decision:
Giving maximum credit for the guilty plea of one third, an allowance for youth and SH’s background a sentence of six and a half years was imposed.
On the aggravated wounding four years, threatening to kill nine months and escaping from custody nine months. All concurrent.
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