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escalating violence in our community
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Sensible Sentencing Trust
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Assaulted two Christchurch women, aged 79 and 83, with the intent to rape them in December 2004
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none known
Born 1976
unknown
Sentenced to six years with a three year minimum non-parole period in May 2005
Sentence and minimum non-parole period later appealed unsuccessfully
Background
TVNZ One News story here
From Christchurch Press story 4th May 2005
A Christchurch man who sexually fantasised about elderly women and attacked two pensioners in their homes will serve at least three years behind bars. The behaviour of Bruce David Nihoniho, 29, who admitted two counts of assault with intent to rape, and one of burglary, was yesterday described as "bizarre,
very frightening and dangerous" by Christchurch District Court Judge Stephen Erber. Nihoniho was jailed for six years with a three-year minimum non-parole term, which the judge said was designed to give a degree of public protection.
An earlier hearing was told Nihoniho had admitted fantasising about elderly women some time before the December attacks, and admitted going to the two complainants' addresses with the intent of raping them. His first victim was a 79-year- old Bishopdale woman whom he knew to live alone, having cased her house. On December 3 about 1pm he knocked on the door, using the pretext of needing a toilet to get in. When attacked, the woman yelled for a neighbour while Nihoniho tried to stifle her cries. In the ensuing struggle she fell over, but he picked her up and begged forgiveness.The next attack, on an 83-year-old Casebrook woman, happened 13 days later, again after the house had been scoped.
The victim struggled when he attacked her in bed, and feigned a heart condition. Nihoniho became apologetic and left, and later arranged to have flowers sent around. "This type of violent behaviour is what many women fear, not just the elderly," the judge said. The fact that elderly women were targeted only made it worse. Protection of the public and deterrence in general terms was paramount for the sort of crime, which from the victims' point of view was random. "There must be no doubt in the minds of such offenders long sentences will follow," the judge said. Addressing the court directly, Nihoniho said he wanted to apologise to the victims, their families and friends and to his own family for his actions, and also to the wider communities of Casebrook and Bishopdale.
Prosecutor Andrew McRae sought a minimum term for the safety of the general public, and to ensure Nihoniho got adequate treatment. Lawyer Paul Johnson argued a minimum term was unnecessary. He said Nihoniho was genuinely remorseful, and had admitted responsibility early on. The judge acknowledged it was clear Nihoniho had sexual problems relating to fantasies about elderly women. He had been an active churchgoer, but had an abusive upbringing at the hands of relatives and an unstable life, and needed treatment. On the plus side he contacted police once the "hue and cry" was up, and probation considered he was repentant. In setting a minimum term he would take into account Nihoniho's remorse, his public apology in court and that he appeared genuinely motivated to take treatment.