Offender DatabasesViolent and Sexual Offender
Databases |
Victims MemorialA memorial to those murdered in NZ in the last twenty years
Arabic language summary | 
Chinese language summary |
Korean
language summary 0900 SAFE NZ (7233 69)
EDUCATE . ADVOCATE . SUPPORT
| SITEMAP(3)Where to find everything here | FAQFrequently Asked Questions | New!New on this site lately |
escalating violence in our community
Become a member of the
Sensible Sentencing Trust
.
Rape of an 11 year old girl and the indecent assault of a 9 year old in October 2004
Raped a Turangi woman while under supervision in September 2008
.
.
none known
Born 1988
Prison
Sentenced to 9 years with a 5 year minimum non-parole period in August 2009
Background
Rotorua Daily Post story 21 August 2009
A 21-year-old jailed for nine years for raping a woman last September committed the crime while still under supervision following his release from youth prison for raping a child. Troy Harris will serve at least five years for his latest conviction - that's the non-parole period imposed by a High Court judge in Rotorua yesterday. The Crown sought a sentence of preventive detention, the toughest penalty available to the courts, giving justice officials the power to keep someone in prison until and unless they are deemed fit for release.
However, Justice Raynor Asher said Harris, who raped a woman asleep in the back of her car after attending a party in Turangi last September, was "not completely a hopeless case" and was too young for preventive detention. Harris pleaded guilty to the rape charge in the Taupo District Court in March. His victim was asleep alone in her car on a vacant Turangi section next to where she attended her friend's birthday party when Harris climbed into her car, tried to suffocate her with a blanket and raped her.
At the time, he was still subject to release conditions after serving time for the rape of an 11-year-old girl and the indecent assault of a 9-year-old, in October 2004. He was 16 when he committed those crimes and was sentenced in October 2006 to two years' jail and later granted home detention. Crown prosecutor Amanda Gordon asked that Harris be given a sentence of preventive detention because he posed a "high risk" to the community. This would mean he could not be released until he underwent treatment and was deemed safe by the Parole Board.
"He presently poses a significant and ongoing risk to the community ... preventive detention is appropriate," she said. His latest victim had been traumatised to the extent she had wanted to take her own life. "He placed a blanket over her head and smothered her. He held her down when she tried to escape ... the harm cannot be underestimated," she said. A finite sentence was warranted to ensure Harris received adequate treatment, Ms Gordon said. "[The Crown's] concern is that, despite considerable efforts to engage him in treatment, he has shown little motive and gone on to commit this offence ... the prisoner's offending is escalating. Preventive detention is the only way to ensure the risk to the community is kept to a minimum." She asked the judge to consider a jail term of between 10 and 11 years otherwise.
Defence lawyer Jonathan Temm agreed his client needed a significant jail term, so he could receive treatment, as he had no support in the community. His client was immature but responded well to treatment when in a "structured environment". Harris had been under the influence of alcohol each time he had offended in a sexual manner and had yet to mature as an adult. "He is completely immature and a product of his upbringing ... left to his own devices he performs poorly," Mr Temm said. Justice Asher said Harris had seriously damaged three lives and the rape last September was particularly vicious as the victim was in a vulnerable position - asleep like his previous victims.
"You have left her with long-term physical damage and harm. Her attitude to life and her enjoyment of it has changed. Who knows how long it will take her to recover," he said. But he would not impose preventive detention. "While I accept entirely the high risk, it cannot be said you are completely a hopeless case ... you are too young, particularly given the complex meld of your personality."