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Sexual violation by unlawful sexual connection, male assaults female and attempted rape in 2006
Previous convictions for violent and sexual offending, including a rape in 1987
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.
none known
Born 1959
Prison
Sentenced to preventive detention with a non parole period of seven years in July 2006
Due to be considered for release July 2013
Background
From the Press (Christchurch) Jul 15, 2006
A timely police patrol foiled a sex attack on a woman by a man now sentenced to preventive detention, a judge has been told.
In the High Court in Christchurch yesterday, New Zealand's strongest sanction was imposed on Kenneth Harvey Miller, 47, for committing what was described as "a woman's worst nightmare". Miller received preventive detention with a minimum term of seven years yesterday from Justice Gendall on a charge of sexual violation by unlawful sexual connection and assault with intent to commit sexual violation..
He also received two years, to be served concurrently, on a charge of male assaults female. The court was told Miller had stalked a woman after spotting her on a bus in Christchurch, dragged her into bushes and sexually assaulted her Police in a passing patrol car spotted the attack and stopped it, Miller at first telling them he had been invited along by the victim. His past included convictions for violence and sexual offending, including a five- year sentence for rape in 1987. He had been diagnosed a paranoid schizophrenic, with alcohol problems.
Crown prosecutor Mark Zarifeh, calling for a sentence of preventive detention, described the attack as "a woman's worst nightmare". Miller qualified for the sentence because of his pattern of offending, the potential of harm to the community, an apparent potential to commit serious offences and the absence of efforts to address the causes of his offending, Zarifeh said. Lawyer Richard Peters acknowledged the victim had been vulnerable because of her health -- although that was not known to Miller -- and his premeditation and previous convictions were aggravating factors. In mitigation, he pleaded guilty early, showed apparent remorse and had written a letter of apology. The judge noted Miller would be eligible for parole after seven years.