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Gareth Ball
.
Home invasion and attempted rape of an 85 year old Waimate woman in August 2000
.
.
none known
Born 1983
unknown
Sentenced to five years in June 2001
Background
From the Timaru Herald 22 June 2001
A Waimate youth who attempted to rape an 85-year-old woman wrote to his mother saying he ought to be shot like a dog because he had behaved so disgracefully. Gareth Dean Ball was sentenced to five years in prison on charges of burglary and assault with intent to commit rape, when he appeared in the Timaru District Court yesterday.
The offences were committed in Waimate in August last year. Ball, 18, unemployed, had been at a party prior to entering the frail elderly woman's house and had no memory of the event, counsel Norm Scott said. "He was very intoxicated when he left the party . . . he found himself outside the victim's home knowing something bad had happened, but he could not remember." Ball accepted the victim's account of the incident would be right.
Although spoken to by police the following day, Ball didn't admit to the offending at first as it was just too overwhelming to consider, Mr Scott said. Once police had the results of forensic tests and he had been arrested Ball was full of guilt and remorse. He had completely destroyed his life by his own actions. Although he had been accepted for the army, that option was no longer available to him. Prison would also be difficult for Ball because of the type of offending he had committed, Mr Scott said.
The elderly victim thought she had locked the sliding door before going to bed, but it sometimes did not lock properly. Ball had opened the unlocked door and then walked through the house to the bedroom where the woman was asleep. She woke up when he was in the room. Ball pulled back the bed covers, lay on top of her and placed his hand over her mouth. Because of her health the woman thought she might choke and had difficulty breathing.
He then moved his body up and down on her simulating sexual intercourse. With his free hand he felt her private parts and at one point attempted to undo his belt. The victim managed to trigger an ambulance call button she wore around her wrist. The phone rang and she told Ball an ambulance was on the way and he should leave. Although he was carrying a pocket knife, Judge Murray Abbott acknowledged there was no suggestion he intended using it in the incident.
Judge Abbott said it was clear from the victim impact report the victim had found not only the actual incident upsetting, but also found being interviewed on such private and personal matters embarrassing. It was fortunate that in spite of her advanced age the victim had not suffered physical injuries and had been less affected long term than was often the case, the judge said. He noted the victim was relieved she did not have to relive the event by giving evidence.
If the charges had gone to trial and Ball had been found guilty, Judge Abbott said he would have imposed an eight-year prison sentence in spite of Ball's age and lack of convictions. If he had been older, had had a record, and been found guilty following a trial, a 10-year prison term would have been appropriate. In light of Ball's guilty plea and the remorse he had shown, including writing a letter of apology to the victim, Judge Abbott sentenced him to concurrent five-year prison sentences on the two charges.
