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Timothy Featherstone
.
Home invasion, kidnap, rape and assault of a Nelson woman while under a protection order between December 2007 and January 2008
Similar offending in 1998
.
.
none known
Born 1952
Prison
Sentenced to nine years in February 2009
Background
The Nelson Mail, Feb 19th, 2009
A Nelson man who broke into a woman's home, tied her up with sticky tape and
raped her has escaped a sentence of preventive detention and been jailed for
nine years.
Timothy James Featherstone, 56, was sentenced in the High Court at Nelson yesterday having previously admitted one charge each of rape, kidnap, aggravated burglary, assaulting a woman and contravening a protection order by physical violence. Justice Wild told the court that Featherstone had been convicted of "alarmingly similar offending" in 1998, and so was eligible for preventive detention.
However, he said he believed nine years of imprisonment was an appropriate sentence, and did not impose a non-parole period. This would mean that Featherstone, a chronic alcoholic, would be eligible for Parole after spending three years in prison, Justice Wild said. Featherstone has been in custody since his arrest on January 31 last year.
Justice Wild said that despite recent media comment about the Parole Board, he was satisfied that Featherstone would not be released until he could abstain from drinking alcohol. The court heard that on December 30, 2007, Featherstone arrived at the victim's house with a pizza and a bottle of wine.
Featherstone became increasingly drunk and argumentative and put his hands tightly around the victim's throat, leading her to bite his arm to break free. When she tried to call the police, Featherstone unplugged her telephone and took away her cellphone, Justice Wild said. Featherstone then tied her hands together using sticky tape and a crepe bandage before raping her.
On January 19 last year, he was served with a protection order. The second set of offences was carried out on January 31 at 11pm, Justice Wild said. The woman was home alone and had just let her dog out of the house. About 10 minutes later, she heard a noise outside and went to the door, thinking it was her dog.
Justice Wild said Featherstone pushed his way inside and grabbed the woman by the head and neck. She screamed but Featherstone covered her mouth with a gloved hand and pushed her face into the floor until she stopped. In the meantime, the woman's dog ran to her sister's house, Justice Wild said. the sister telephoned the victim, who conveyed that she needed help. The woman's sister called police, who went to her house and found Featherstone in her bedroom.
He was wearing a backpack that contained condoms, knives and crepe bandages. Featherstone told police he had not intended to harm the woman. Justice Wild said he believed Featherstone's risk of reoffending could be lowered if he was successfully treated for sexual deviance and chronic alcoholism.
The judge said both the victim in this case and the previous victim in 1998 had been known to him. Featherstone had been a man of enterprise and ability before his life was marred by alcohol addiction, Justice Wild said. Justice Wild gave Featherstone credit for admitting the charges three months before he was scheduled to go on trial.
Defence lawyer Hamish Riddoch said Featherstone had instructed him to make an "unreserved apology" for what he had done. He said Featherstone's alcoholism and use of drugs had led him to be confused about whether the woman consented to what he did.
The woman's dog made national headlines and was praised by police for saving the woman after Featherstone's arrest last year.
The Nelson Mail, November 2008
A Nelson man has admitted breaking into a woman's home with a knife one month after kidnapping and raping her. Timothy James Featherstone, 56, appeared in the High Court at Nelson yesterday and admitted charges of kidnap, rape, assaulting a woman, aggravated burglary, and breaching a protection order. The kidnap and rape occurred in Nelson on December 30 and 31 last year, while the other offences took place on January 31 this year.
Featherstone has been in custody since being arrested by police at the woman's house while committing the second set of offences. Detective Sergeant Kevin Tiernan, of Nelson CIB, told the Nelson Mail after Featherstone's arrest that the woman's Jack Russell terrier, Lilly, raised the alarm. Lilly ran from her owner's house to her owner's sister's house when Featherstone arrived late at night. Her sister realised something was wrong and called police.
The woman's family was in court yesterday when Featherstone entered guilty pleas during a trial callover, having previously denied the charges. Crown prosecutor Janine Bonifant said preventive detention should be considered for Featherstone, and she asked Justice Dobson to order Featherstone to undergo a health assessment. Defence lawyer Hamish Riddoch said Featherstone had pleaded guilty to the charges on the understanding that preventive detention would not be sought by the Crown.
Mr Riddoch said he did not think preventive detention would be appropriate for Featherstone, but health assessments and a psychiatric report would be useful at sentencing. Justice Dobson called for the health assessment to be carried out in addition to pre-sentence reports being prepared. However, he said it would be up to the sentencing judge to decide on an appropriate sentence. He remanded Featherstone in custody until sentencing in the High Court at Nelson on December 10.
