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escalating violence in our community
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Sensible Sentencing Trust
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Home invasion and rape of a Timaru woman in the presence of her child in July 2002
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none known
Born 1970
unknown
Sentenced to 10 years with a 5 year minimum non-parole period in December 2004
Unsuccessfully appealed sentence and conviction in May 2007
Eligible for release December 2009
Background
NZ Herald story here
From Timaru Herald story 2nd June 2007
A Dunedin man who appealed both his conviction and sentence of various crimes arising from two sexual incidents which took place in Timaru in 2002, has had his appeals dismissed. Wayne Andrew Herbert Adams, 37, was found guilty of two charges of rape, indecent assault, and two charges of burglary, following a six-day trial in Christchurch in May last year. It was his third trial as he had appealed his convictions after this first trial and a new trial was ordered.
The jury at the second trial could not reach a verdict, but the jury at his third trial found all charges proved. It was those convictions, the 10 year prison sentence and the minimum period of five years imprisonment, that he had appealed. The convictions arose out of incidents which occurred five months apart. In both cases he unlawfully entered the woman's house, raping her twice on the first occasion and indecently assaulting her on the second visit. The appeal against conviction was principally based on alleged trial counsel incompetence.
The Court of Appeal found the 10 year prison sentence was not manifestly excessive. The district court judge had thought a minimum period of imprisonment was warranted because of the very serious nature of the rapes and the fact the appellant had invaded the complainant's home at night on two occasions. The Court of Appeal was satisfied the community needed protection from Adams, noting Adams' total denial of the offending and the probation officer's comments that until he accepted responsibility and undertook a relevant sex offender's programme, there was a significant risk of him reoffending.