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escalating violence in our community
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Sensible Sentencing Trust
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Repeated rape and an assault of a Hastings woman in February 2001
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Andretipi Waikato was the lead offender
Mongrel Mob
Born 1970
unknown
Sentenced to 9 years with automatic release after 6 years in February 2002
Unsuccessfully appealed this sentence in June 2001
Background
Drugged and raped the victim twice after meeting her in a Hastings bar.
From the Evening Post 29th June 2002
A case in which a court staff member took two jurors outside for a smoke has spurred Appeal Court comment on jury service conditions.The Court of Appeal has criticised the shabby treatment of jurors, who sometimes spend long retirements in unventilated, spartanly furnished jury rooms. It's not the first time the court has called for improvements. A judgment in 1994 resulted in two jury rooms in the near-new High Court at Wellington having to be extended.
Then Chief Justice Sir Thomas Eichelbaum said one of the jury rooms was too small and the other was barely adequate. Yesterday the court commented again on jury conditions in its judgment on a Napier case in which a court staff member who took jurors outside for a smoke, was seen talking to them. The court said the conversation, which a defence lawyer said could have contaminated the two jurors concerned, may have been "imprudent" but was not seen as risking an injustice.The trial judge had asked what was said and decided the conversation hadn't been about the trial, the Court of Appeal said.
But the court said the conditions in which juries were housed, particularly during retirement, were often unsatisfactory. "It is not uncommon for jury rooms to have no external windows. "Furnishings, though much better than in earlier years, remain relatively spartan. "Air-conditioning systems do not always operate after hours and some cannot be reactivated." Most, if not all, courthouses were smokefree, but probably more than 20 percent of adults smoked so it wasn't surprising a practice had developed for juries to be taken outside for smoking breaks or a breath of fresh air, the three judges said. The Court of Appeal said areas should be set aside either in court buildings or next to them where jurors could get fresh air without contact with other people.
A Department for Courts spokesman said it wouldn't be commenting on the judgment. At the Napier trial Barry Walker and Andre Tipi-Rangi Waikato were found guilty of four charges of rape and one of assault, dating from February 16, 2001. Waikato was also found guilty of four more charges of rape and another assault, dating from March 2, 2001.The victim was the same in each case. She said she thought she'd been drugged while drinking with the two men. Waikato was sentenced to 14 years and Walker to nine years. Both appealed their sentences but the Court of Appeal found no reason to change the sentences.