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Abduction, aggravated assault and unlawful sexual connection (x4) with a female Hamilton service station worker in July 2008
12 previous convictions
.
.
none known
Born 1972
Corrections facility
Sentenced to seven years in December 2008
Background
Waikato Times, Wednesday 17th December 2008
Duane Karl Johnston sexually assaulted a female service station worker in a horrific attack because she reminded him of his ex-girlfriend, a court has heard. Johnston, 36, of Hamilton, was sentenced yesterday at the Hamilton District Court to seven years' jail after pleading guilty to four counts of sexual violation by unlawful sexual connection, aggravated assault and abduction for sex.
The court heard that in the hours leading up to the early morning assault, Johnston had been drinking at a Hamilton strip bar. He was upset because his girlfriend had broken off their relationship and another woman had rejected his advances. He entered the Hamilton service station "just wanting to have sex". Police later described the attack as "random and vicious" and one of the worst sexual assaults they had encountered.
Officers at the scene had to use batons and pepper spray to subdue Johnston. Crown prosecutor Ann-Marie Beveridge said Johnston had chosen his victim because she had reminded him of his ex-girlfriend. Johnston's offending involved pre-meditation and repeated violence and he was undeterred by the arrival of police.
The court heard a victim impact statement from the victim's father. The man said his extended family had been traumatised and angered by Johnston's attack. He compared Johnston to "filth on the sole of my shoe" and said his daughter was now fearful of being alone. "I have never felt this type of anger before," he said. Ms Beveridge noted Johnston's 12 previous convictions and said the 36-year-old had little insight into his offending.
Defence counsel Mike Curran said Johnston had accepted full responsibility for the attack and the offending had been out of character. The pre-sentence report did not indicate a propensity toward sexual offending. Judge Arthur Tompkins said the sex attack represented "horrific offending". Judge Tompkins questioned Johnston's expressions of remorse, saying the pre-sentence report indicated Johnston's disturbing tendency to disassociate himself from his offending.
Waikato Times Wednesday, 8th October 2008
A Hamilton man has pleaded guilty to a sex attack on a female service station worker in Hamilton earlier this year. Duane Karl Johnston, 36, admitted a charge of abduction, aggravated assault and four counts of unlawful sexual connection following a pre-depositions hearing at the Hamilton District Court yesterday. He will be sentenced in December.
Defence counsel Roger Laybourn said Johnston wanted to take responsibility for his actions and enter guilty pleas. Police had described the attack in Hamilton on July 27 as "random and vicious" and one of the worst sexual assaults they had encountered. During a court appearance in August, a frantic Johnston collapsed in the dock after he twice head-butted a metal railing. Mr Laybourn said Johnston's mental health had improved and he was more settled.