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Offender Databases Kurt Frank

Kurt David Frank

Alias

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Offences

Indecent assault of an 82 year old New Plymouth rest-home resident in late 2004

Victims

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Offender Affiliations

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Gang affiliations

none known

Age

Born 1989

Current Location

At large

Parole/Release Dates

Sentenced to 24 month supervision in September 2005

Background
From the Daily News Sept 22th 2005
A SIXTEEN-YEAR-OLD boy who admitted indecently assaulting a rest- home resident was sentenced to two years' supervision yesterday.

Kurt David Frank appeared first in New Plymouth's youth court, where his defence counsel, Patrick Mooney, and Crown solicitor, Cherie Clarke, consented to the case's transferral to district court. Members of Frank's family and the victim's family were told by Judge Louis Bidois that there were no appropriate sentencing options available in youth court for the offending.

A member of Frank's family was employed at the rest-home on February 3 this year and it was because of this that his presence at the home was allowed. The court heard that Frank was found in a bathroom with the victim. The 82-year-old woman was distressed and her garments were stained with semen. She was heard to mutter: "That bloody joker."

The case was transferred to the youth court in June and on August 9, Frank admitted two charges of indecent assault. Judge Bidois said he had the victim's physical state to thank for the charges being less than those originally faced. "You are most fortunate that the victim was medically afflicted and could not properly communicate and was, therefore, unable to give evidence," he said. "It was a case of the charges reflecting what could be proven."

Frank had faced charges of abduction for sex and unlawful sexual connection. "Although this is a heinous type of crime," Judge Bidois said, "it is not as serious or as invasive as those original charges." Mr Mooney and Ms Clarke both asked for the sentence of supervision, Mr Mooney noting the lack of suitable places for his client.

"There is not such a residential programme available for 16-year- old offenders for this type of offence," said Mr Mooney. Judge Bidois agreed. "It's hugely disappointing and wrong that there is no facility to deal with offenders such as yourself because you are clearly in need of some assistance," he said.

Judge Bidois said Frank, who has spent almost eight months in custody, was clearly a risk to the community. "What you did was wrong, bad, illegal, criminal, and it's hard to imagine the thought process that goes on in a young person's head when committing those actions."

There would be no sentence that could satisfy the victim or her family, he said. "If it was done on an eye-for-an-eye basis, a sentence of imprisonment for as long as you live may well have been justified. "(The victim) has been hugely affected by this," he said. "She was vulnerable because of her age and physical disabilities." Upon transfer to the district court, an application for name suppression, usually automatic in youth court, was declined.

"At the end of the day, he has just turned 16 and the offending was as a 15- year-old," Mr Mooney said. "He is still a young person who himself needs protection." Judge Bidois said the protection of the community would be enhanced by Frank getting the help he needed. "But in terms of community protection there have been past cases that have been serious in themselves that I cannot ignore."

Frank's supervision sentence includes conditions to attend various assessments and counselling as directed by his probation officer, not to be alone with anyone under 16 unless accompanied by a responsible adult and not to have access to the victim.

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Corrections and Additional Information
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