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Three counts of sexual violation by rape involving girls aged 10, 11, and 14 in 2003
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.
none known
Born 1988
Under "extended supervision"
Sentenced to 5 years 6 months in November 2003
Released April 2009 under a 10 year supervision order
Unsuccessfully appealed the order in March 2010
Background
Court of Appeal decision here (pdf)
Fairfax Media article 10th March 2010
A man convicted of raping young girls has had his appeal against a 10-year supervision order, set to start after his release from prison, dismissed by the Court of Appeal. Ricky Moeke was sentenced to five and a half years imprisonment in 2003 for the rape of girls aged 10, 11 and 14. He was aged 15 when he was sentenced, and served his full sentence without parole.
Before releasing Moeke, the Corrections Department applied to the District Court for an extended supervision order. Psychologists' reports from his time in prison said there had been no "treatment gains" in respect to Moeke's re-offending. In August last year, Wellington District Court Judge Susan Thomas granted an extended supervision order for 10 years from Moeke's April 2009 release date.
She was satisfied 10 years was the minimum period required for the safety of the community. Moeke appealed the supervision order, with his lawyer, Mark Lillico, saying seven to eight years was a more appropriate minimum term for the supervision order. He said Judge Thomas had failed to consider Moeke's personal circumstances and his efforts to rehabilitate himself after his release.
She had also failed to take into account that Moeke had spent a large portion of his "formative years in prison", and placed too much weight on assessment tools Moeke had been subjected to, Mr Lillico submitted. The Court of Appeal said Judge Thomas had analysed all the material in front of her and had not erred in imposing the supervision order.
There was no basis for altering the 10-year term or substituting a seven to eight year term as proposed by Mr Lillico, the court said, dismissing Moeke's appeal. The court recommended that, in future, psychological reports given to the court should fully address the minimum term sought against criteria in the Parole Act. Courts should also be given more assessment of post-release plans, updated information at the extended supervision order hearing and information on steps the offender had taken to address risks.