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Sexual violation by rape of a Dunedin woman in January 1999
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none known
Born 1970
Unknown
Sentenced to 2 years jail suspended for 2 years and placed under supervision for 2 years in February 2000
Background
The Press (Christchurch), Feb 22, 2000
An intellectually disabled man who pleaded guilty to sexual violation by rape received a suspended jail term in the Dunedin District Court.
Shayne Ralph Anderson, 30, invalid beneficiary, faced the charge following his actions early on January 2 last year. Yesterday he was sentenced to two years jail, suspended for two years, and placed under supervision for two years.
As a requirement of supervision he is to undergo a Psychological Services assessment and follow-up treatment. He is also to undergo alcohol assessment and counselling, and he is not to enter licensed premises for the purpose of alcohol consumption. In addition, Judge David Saunders imposed a $1000 fine, all of which is to be paid to the 33-year-old complainant.
Counsel Stephen O'Driscoll said Anderson was not asking for name suppression. The judge told Anderson publication was part of the punishment. Mr O'Driscoll submitted Anderson's IQ points placed him in the category of "mentally retarded", and in the lowest 1 to 2 per cent of the population. His communication skill was about that of a four-year-old. To send someone like Anderson to prison might amount to cruel or disproportionate punishment, Mr O'Driscoll said. Judge Saunders said the offending would usually result in imprisonment.Special conditions attached to the sentence of supervision were intended as "safeguards to ensure nothing like this can happen again", he said.