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Offender Databases Jamal Mohamed

Jamal Mohamed

Alias

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Offences

Rape of a Dargaville woman in her home in April 2003

Victims

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Offender Affiliations

.

Gang affiliations

none known

Age

Born 1983

Current Location

Prison

Parole/Release Dates

Sentenced to eight years in May 2009

Background
From the Northern Advocate 11th May 2009
A man found guilty of raping a woman after asking her to bake him a chocolate cake has been jailed for eight years.

Jamal Mohamed, 26, a Somali national, appeared for sentencing in Whangarei District Court on Friday after he was found guilty of rape at the end of a jury trial in February. The alleged incident happened in the victim's flat in Dargaville about 6.30pm on April 21, 2003.

The complainant told the court during trial Mohamed had gone into her flat uninvited after she refused to bake him a cake. Once inside, he had kept asking her about the cake before he had started kissing her, she said. He had then asked her to go to her bedroom and she had complied, thinking Mohamed would get violent if she refused.

She had been left shocked, shaking and numb after being raped, she said. Mohamed had maintained throughout the trial they had had consensual sex. Crown prosecutor Nicole Dore said aggravating features of the case were that the victim had been vulnerable because she lived alone. She had been unable to fend Mohamed off and had felt overwhelmed by his presence.

Defence lawyer Chris Muston said his client had health issues although it was was not clear what they were. He asked Judge John McDonald to take Mohamed's mental issues into consideration during sentencing. Judge McDonald said that, after raping the victim, Mohamed had told her: "Don't tell anyone. Do not go to the authorities. I'll see you tomorrow."

The judge said a serious aggravating factor was that Mohamed had entered her flat unlawfully. The incident had changed the victim's life because she could not sleep properly and had had to take a long time off work.

Judge McDonald said a psychiatrist had had difficulty diagnosing Mohamed but, at the time of offending, he was not suffering from any mental disorder. Mohamed had been forced to leave Somalia during civil war there in 1998 and had come to New Zealand as a refugee. He had gone to Kenya but returned to New Zealand after 18 months.

From the Northern Advocate 27th February 2009
A Somali national has been found guilty of raping a Northland woman nearly six years ago after asking her to bake him a chocolate cake. The jury took about an hour to arrive at the verdict for Jamal Mohamed, 26, in the Whangarei District Court after a three-day trial this week. The rape happened inside the victim's flat in Dargaville about 6.30pm on April 21, 2003.

In her evidence to the court, the victim had said she was preparing dinner in the evening when she heard a knock on the door. She saw an unidentified African man upon opening the door, who asked her to bake a chocolate cake, but she refused. She said once inside the house, Mohamed kept asking her about the cake before he started kissing her. He then asked her to go to her bedroom and she complied, thinking that Mohamed would use violence if she refused. "I thought if I go to the bedroom, I could climb out the window, but he followed me quickly," she said in evidence.

The victim said she was shocked, shaking and numb afterwards. Mohamed maintained throughout the trial that the sex between him and the victim was consensual. In her opening address to the court, Crown prosecutor Nicole Dore said DNA tests had linked Mohamed to the victim.

Ms Dore told the jury consent must be freely given and just because people did not resist or protest, it did not mean they agreed to what was going on. Earlier, Judge John McDonald told the jury to decide the case solely on evidence before the court and to keep an open mind throughout the trial. Mohamed left for Auckland in 2004 and refused a DNA sample, but agreed to it in January 2007. He has been remanded in custody for sentencing on April 1.

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Corrections and Additional Information
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