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David Somerfield
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Unlawful sexual connection with his partner, assaulting her, injuring with intent and indecent assaults on her, plus sexual conduct with a child his partner's two year old daughter
Several charges were representative of sustained offending in Hawera over 2007 and early 2008
.
.
none known
Born 1981
Unknown
Sentenced to just 4 years in November 2008
Background
Full appeal judgement online here (PDF)
Taranaki Daily News story 27th November 2008
AN INTERNET predator who formed a relationship with a vulnerable woman through a chat room and then sexually and violently abused her has been sent to jail for four years. David Owen Smith Somerfield, 27, of Hawera has always maintained he has done nothing wrong, despite being found guilty by a jury in October of charges of sexual violation, indecent assault, injuring with intent, doing an indecent act and assaulting a female. Defence counsel Kylie Pascoe said Somerfield intended to appeal against the verdicts.
Crying as he entered the dock, Somerfield then stood defiantly as the court heard again how he had befriended a woman from another region and convinced her and her two- year-old daughter to move to Hawera. After fleecing her of $4000 of her savings to feed his addiction to pokie machines, Somerfield made the woman go out and work while he stayed at home, the court heard. Her income was not enough to suffice his needs, however, as he then sold various items of hers to get more money for himself. Weeks later Somerfield started to physically, mentally and sexually abuse the woman and her child.
Included in the assaults were the time Somerfield burned his new partner with a lighter, kicked her, as well the time he used a foot to painfully press down on the woman's groin. But it was not only the woman who was his target. The court heard that Somerfield had taught the girl how to French kiss. When it came to passing sentence, Judge Allan Roberts agreed with the Crown's starting point of about 3 years 6 months' jail but stopped short of the 5 year 6 month sentence it had sought.
Crown prosecutor Justin Marinovich had argued that Somerfield had controlled the victim over a long period, restricting who she could talk to, as well as confiscating her money. In defence, Ms Pascoe pointed out Somerfield's lack of previous offending, while maintaining the fact that an appeal was imminent. Judge Roberts said Somerfield's behaviour had been unbelievable and he was left in no doubt that it had a serious impact on the woman and her child. The judge also revealed Somerfield's new partner, who was in court along with other family members, was now expecting a child.
Taranaki Daily News story 9th October 2008
A Hawera man has been found guilty of the sexual abuse of his former partner and her two-year-old daughter. David Owen Smith Somerfield, 27, unemployed, shook his head as the foreman of the jury in the New Plymouth District Court called out guilty on six of 10 charges of sexual and physical assaults. Several charges were representative of sustained offending. The guilty charges ranged from sexual violation by unlawful sexual connection on his partner, kicking her, injuring with intent when he held a lighter to her leg and indecent assaults. The court heard earlier that the pair met in an internet chatroom and soon formed a relationship.
Somerfield was also found guilty of sexual conduct with a child under 12 when he tongue-kissed his partner's two-year-old daughter. Somerfield's lawyer, Paul Keegan, intimated that appeals could be lodged on three of the guilty verdicts, in particular the sexual violation charge. Judge Allan Roberts called for a pre-sentence report and remanded Somerfield in custody to await sentencing on November 26. Earlier, Judge Roberts thanked the jury which had taken six hours to come to its decision after hearing three days of evidence. "I want to thank you for your application to this trial. It wasn't an easy trial."
Taranaki Daily News story 8th October 2008
The doctor who examined the alleged victim of a Hawera man accused of sexually and violently assaulting a mother and her daughter found burn marks and bruises on the woman's body. Dr Tineke Iversen was giving evidence yesterday on the second day of the trial of David Owen Smith Somerfield in the New Plymouth District Court. She said she found scars consistent with burn marks on the woman, as well as bruises on her legs and arms, shortly after she had left Somerfield. Somerfield, 27, has denied charges of assaulting a female, injuring with intent, assaulting a child, sexual conduct with a child aged under 12, indecent assault and sexual violation.
The Crown says Somerfield and the alleged victim decided to meet in a North Island town after "chatting" on the internet last year. Several days after they met face-to-face they moved in together, along with the woman's baby daughter. Weeks later Somerfield is alleged to have started to physically, mentally and sexually abuse the woman and her child. Included in the allegations were that Somerfield burned her with a lighter, kneed her in the body and forced her to do sexual acts. Somerfield is also accused of simulating sex with the two-year-old girl and making the child do a sexual act to him. All of yesterday's morning session was taken up with the lengthy cross-examination of the woman by defence counsel Paul Keegan.
Several times the trial was delayed as the woman, whose name is suppressed, tried to regain some composure in the witness box after she broke down and cried during Mr Keegan's questioning. The woman admitted that she had exaggerated in a statement to police that she had been assaulted "most" days she had lived with Somerfield but denied she was inventing evidence. She maintained that Somerfield had taken over control of all the money she was earning, from her benefit, as well as her part-time job. The woman says Somerfield had a gambling problem because of his addiction to playing pokie machines and she was left with not even enough money to buy nappies for her daughter. "He's just a control freak," she said. "He just got everything he wanted, he didn't care."
The father of the woman told the court that Somerfield had promised to bring his daughter and granddaughter back to their home for a birthday and Christmas when he first visited in December. Instead, his daughter only returned weeks later with Somerfield to take away her possessions. He said he noticed bruises on his daughter. When his infant granddaughter was allowed to visit he said she shocked him by putting her tongue in his mouth when he asked for a kiss. The Crown alleges Somerfield tried to teach the young girl to "French" kiss. During a police interview, the accused denied most of the allegations and said the physical attacks were only part of playfighting. Somerfield's present girlfriend and several family members laughed several times as the police interview was played to the jury and were asked to leave the court. The trial, before Judge Allan Roberts, continues today with the closing addresses after the defence elected not to call evidence.
Taranaki Daily News story 7th October 2008
A solo mother used an internet chat room to form a relationship with a man now accused of violent and sexual abuse against her and her two-year-old daughter. The woman, whose name is suppressed, was in tears during much of her evidence on the first day of a trial in the New Plymouth District Court yesterday. David Owen Smith Somerfield, 27, of Hawera, has denied charges of assaulting a female, injuring with intent, assaulting a child, sexual conduct with a child aged under 12, indecent assault and sexual violation. The Crown says Somerfield and the alleged victim decided to meet in a North Island town after "chatting" on the internet last year. Several days after they met face-to-face they moved in together, along with the woman's baby daughter.
Crown prosecutor Justin Marinovich said weeks later Somerfield started physically, mentally and sexually abusing the woman and her child. Included in the allegations were that Somerfield burned her with a lighter, kneed her in the body and forced her to do sexual acts. Somerfield is also accused of simulating sex with the two-year-old girl and making the child do a sexual act to him. Defence counsel Paul Keegan says the woman's accusations are totally fabricated. He urged the jury to keep an open mind and not be repulsed by the allegations. He said the key to the trial would be the jury's assessment of the alleged victim. The woman told the court her relationship with Somerfield had developed after just a week or two of first making contact. Before they ever met he was asking her to send him money from her benefit. She said she sent him money, sometimes up to $400.
"I fell for him. I used to get up early in the morning and put it (money) in there (post office). I told my sister not to tell my mum and dad." When the pair moved in together she said Somerfield made her put the rent and power accounts under her name and she was forced to pay them. "I was not allowed to look after my money. He looked after the money we had. My bank account was in my name but he was looking after my eftpos card." When she could not afford to pay all the bills she got a part-time job while Somerfield, who was not working, stayed at home watching television. The woman then went into detail about how her former partner had physically and sexually abused her and her daughter. She said Somerfield then tried to teach her daughter how to "French" kiss by putting his tongue in her mouth, something she said the girl then tried to do with her grandfather when he visited them.
As well as sexually abusing the child, she said the accused also deliberately tripped up the girl after she started to walk. "He would laugh, he thought it was a big joke," she said. The relationship only ended when the woman's family arrived at her home and took her and the child away. Under cross-examination, the woman agreed that she was determined to move away with Somerfield, despite her parents' strong protests. The woman also admitted burning one of the diaries she had kept during their relationship and assaulting the accused by slapping him in the face after they argued about how much money he had lost on the pokie machines. The trial, before Judge Allan Roberts, continues today.
