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Aggravated assault and indecent assault of a 26 year old woman after unlawfully entering her Mount Maunganui flat while on parole in March 2007
Also had 41 previous convictions including assault with intent to injure and burglary
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none known
Born 1980
Unknown
Sentenced to just 3 years 3 months in June 2007
A non-parole period of 2 years 2 months was imposed
Background
Bay of Plenty Times story here
Bay of Plenty Times, June 13th 2007
A Violent criminal who attacked and indecently assaulted a 26-year-old woman in her Mount Maunganui flat only 10 days after he was released from prison has been jailed again for three years and three months. Unemployed Nathan Maassen, 27, of Te Puke, who pinned his sleeping victim in her Matai St bedroom just after 2am on March 23, was sentenced in Tauranga District Court yesterday.
Maassen must serve at least two thirds of his sentence before he is eligible to come before the Parole Board. Last month Maassen - who has 41 prior convictions - admitted aggravated assault, burglary and indecent assault and breaching his parole conditions. The court was told Maassen entered the woman's house through an unlocked door after he followed her two female flatmates home.
While they were busy, Maassen entered the darkened bedroom of his victim who was sleeping on a mattress on the floor and climbed on top of her. She awoke and struggled so Maassen put his hand over her mouth before grabbing her around the throat and squeezing with both hands. He also indecently assaulted her. She screamed out, alerting her flatmates, and Maassen fled taking a bag of stolen items. Maassen was only released from prison on March 13 after serving time for violence and dishonesty offences.
Crown prosecutor Duncan McWilliam invited Judge Louis Bidois to transfer Maassen's case to the High Court, arguing he should be sentenced to preventative detention given his extreme risk to the community. Mr McWilliam said this was appropriate given the seriousness of his latest offences - committed within 10 days of being paroled - the sexual motive to that offending and his prolific criminal history.
Maassen has 41 prior convictions with a number of violent offences, including being jailed for 18 months in March 2006 for assault with intent to injure and burglary, he said. But if Judge Bidois accepted he had jurisdiction to sentence Maassen, he urged him to set a minimum non-parole period of two-thirds of his sentence. Given his lack of remorse he should be given minimum credit for guilty pleas, he said.
Maassen's lawyer, Tony Balme, told the judge that his client, who had no prior history for sexual offending, insisted his motive in entering the house was burglary and the assault was opportunistic rather than a premeditated act. Judge Bidois said it clearly did not make sense for someone to knowingly enter an occupied home just to burgle it. Judge Bidois told Maassen he rejected the claim the indecent assault was an accident, given his skin on skin contact with his victim.
Clearly the indecent assault and attempt to choke her to keep her quiet has had a significant impact on her, the judge said. Judge Bidois said the woman in her victim impact statement said the ordeal had "rocked her world" and despite moving house, has difficulty sleeping and fears staying home alone. "I have no doubt your victim believed she was going to be raped and in effect fought for her life."