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escalating violence in our community
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Sensible Sentencing Trust
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Raped, had unlawful sexual connection and indecently assaulted a 14 year girl in Whitianga in October 2004
Multiple prior convictions for assault and weapons charges
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none known
unknown
Prison
Sentenced to twelve years in November 2005
Unsuccessfully appealed conviction in September 2006
Eligible for parole July 2012
Background
Waikato Times story 15th September 2006
A Whitianga man who got a 14-year-old girl drunk and stoned and then raped her has lost an appeal against his conviction and sentence. The appeal was lost despite Geoffrey Affleck's wife claiming she had been awake when the attack allegedly occurred and she had not seen anything. Affleck was sentenced last year to 12 years' jail after being convicted in the Hamilton District Court on rape, sexual violation, indecent assault and two cannabis charges. Judge Robert Spear said Affleck got the girl drunk and stoned until she was in a "state of stupefication".
He then raped and sexually violated the girl in the lounge before dragging her into the bedroom and raping her again. During the trial, evidence was presented to the court that Affleck's wife was asleep on the couch in the lounge when the rape took place. Affleck appealed his conviction on the grounds that his counsel made an error in not calling Affleck's wife to give evidence. He also appealed the length of his sentence. In evidence to Justices O'Regan, Williams and Heath in the Court of Appeal, Affleck's wife said she had been awake at all times when the rape was said to have taken place and had not seen anything happen.
The court said if Mrs Affleck's evidence was correct, "it is difficult to see how the Crown case could have succeeded". The Afflecks said their counsel had erred in not calling her to give evidence. However, during the trial, the victim gave evidence that Mrs Affleck was asleep on the couch when the rape took place. That evidence was not challenged and neither Affleck nor his wife complained about what they now said was a major error. The appeal court agreed Mrs Affleck's evidence would have been critical to the defence and would "torpedo the Crown case". But it did not accept her evidence was correct. "We think it likely that she now honestly believes what she says is the objective truth. But we do not accept that her evidence accurately reflects what occurred on the night."