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escalating violence in our community
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Sensible Sentencing Trust
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Abducted and raped his ex-partner in Gore in February 2005
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none known
Born 1966
Prison
Sentenced to 9 years with a 4 year 6 month non-parole period in March 2006
Background
From a Southland Times story
THE man found guilty last month of raping his ex-partner during a three-hour abduction had continued to show no sign of regret, an Invercargill District Court judge said during sentencing yesterday. Peter Albert Hamilton, a 40-year-old self-employed resident of Gore, was found guilty by a jury of two rapes and an abduction after a four-day trial in mid-February.
The abduction and rape took place at the man's home in February last year. Yesterday, Hamilton was sentenced to nine years' jail by Judge Brian Callaghan. Hamilton appeared calm throughout the sentencing but afterwards covered his face while getting into the prison van. Judge Callaghan said Hamilton had shown continual denial of involvement in his offending.
"(There has been) no suggestion of regret on your part, which would normally be a mitigating factor." Hamilton's pre-sentence report painted a picture "not all that uncommon to judges sentencing people in his position". Hamilton had had a "harsh and strict upbringing" to the extent it would be "considered abusive in this day and age" , Judge Callaghan said. Indications of a limited intellect and understanding were perhaps why Hamilton didn't read situations very well and had poor relationship outcomes.
"There does seem to be ... by the nature of (previous) offences, that you do have a relatively poor attitude to partners in relationships or people you are close to, given the nature of the charges." Judge Callaghan said the victim had been a "very brave woman" who, despite going through the three-hour ordeal, held herself so well at trial he was "not surprised the jury believed her" . She had been held captive by Hamilton.
Though there had been no violence other than the rapes, the emotional injury of the incident would probably haunt her for the rest of her life, he said. Defence counsel David Slater submitted the offence was not pre- meditated and the judge could step back from Crown prosecutor Miriam Sinclair's request for a 10-year jail term with a minimum non- parole period of two thirds of the sentence.
Judge Callaghan: "While you may not be a risk to the public in general, the normal release after one third (of the sentence) would plainly be insufficient ... given the aggravating circumstances." Hamilton would serve a minimum period of four years and six months before being eligible for parole, the judge said.