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Kidnapping, aggravated robbery and aggravated assault of a Christchurch man in October 1995
Other convictions for aggravated robbery, grevious bodily harm and using a document with intent to defraud
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none known
unknown
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Sentenced to ten years in November 1995
Background
From the Dominion 3rd June 1996
A MAN given 10 years' jail for subjecting a businessman over two days to a terrifying kidnap, aggravated robbery, and assault must serve his full sentence, the Appeal Court has ruled. Lee Errol James Sylvester, of Christchurch, had with a colleague last year attacked the man at his office, taken him at knifepoint to his home, further assaulted him, then the next day forcibly driven him to Timaru, where a shopkeeper had called the police, leading to a chase and assaults on two constables.
Sylvester appealed on the grounds that the facts presented to the court were exaggerated, that he was given no credit for pleading guilty, and that the basis for giving him 10 years was wrong. But the Appeal Court has ruled that if offenders resort to "outrageously frightening behaviour in order to prevent or overcome resistance it is facile for them to say afterward that their intentions were not as serious as they seemed". Further, the High Court judge did not need to give identifiable credit for a guilty plea when it was clear he took it into account, and the kidnapping alone warranted eight years' jail.