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escalating violence in our community
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Indecent assault on a five year old girl at Albert Town, near Wanaka in July 2004
Also has other convictions including a rape conviction in 1987.
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.
none known
Born 1943
At large
Sentenced to 12 months in prison in May 2005
Released November 2005
Background
From Otago Daily Times May 25th 2005
A 62-year-old man has been jailed for a year for an indecent assault on a five-year-old girl at Albert Town, near Wanaka, last July.
Raymond John Davies, 62, process worker, was found guilty by a jury in Dunedin District Court almost three weeks ago. An earlier trial was aborted after the discovery of apparently biased notes written by a juror. Earlier the court was told Davies lured the girl into his house on the pretext of getting her to help him get a tube of toothpaste which he said was up too high for him to reach. Davies then pulled the girl's pants down and placed his hands in the area of what she described as her bottom.
Judge John Macdonald said today the incident had been brief and there was no attempt to repeat the conduct. Had it not been for the child's mother overhearing a remark the girl made to her brother, it seemed unlikely the incident was something she would have complained about. Given the way she had described what happened, it was surprising the impact the incident was said to have had on the little girl, as described in a victim impact statement, the judge said.
But Crown counsel Robin Bates suggested that may have had more to do with the process she had to go through, having to be interviewed on video and twice giving evidence at trial. Other people could have discussed with her the significance of what had happened. Judge Macdonald said had Davies pleaded guilty, the impact might have been avoided. Mr Bates pointed to Davies' conviction for rape in 1987 and his failure to acknowledge his guilt.
Davies' lawyer, Len Andersen, said the initial statement from the child's mother was that the girl became upset on the night of the incident when the house owner said she was going to speak to the accused and he "could go to jail". He submitted there had been no breach of trust or any attempt at concealment, it had been a one-off incident and Davies had been in no trouble since his release from prison in 1993. Judge Macdonald said the sentence had to denounce what was done and act as a deterrent.
"The pity in all this is that you are not receptive to getting any help," Judge Macdonald said, sentencing Davies to 12 months jail, with no leave to apply for home detention. To assist rehabilitation, the judge imposed two release conditions, forbidding Davies to have any contact with young people under the age of 16 unless accompanied by an approved adult and ordering him to take any counselling or treatment as directed to address issues relating to his offending.