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Sexually violated a woman in Queenstown in August 2000
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none known
Born 1979
unknown
Sentenced to 4 years imprisonment in May 2001
Rescinded to be replaced to by a 2 year suspended sentence and 18 months supervision on appeal
Background
From the Evening Post
A depressed man who sexually attacked a female friend is to be released from a four-year jail term two months after being sentenced. Dean Murray Dick successfully appealed his sentence, and will instead have a two-year prison term hanging over him, the Court of Appeal ruled yesterday. The victim didn't want Dick, a Queenstown chef, to go to jail, the court said in delivering its judgment in Wellington. However, it was Dick's depressed state at the time of the attack that weighed more heavily with the court.
Dick pleaded guilty to one representative charge of sexual violation by unlawful sexual connection. He was sentenced to four years jail on May 25 and has been in prison since then. He appealed the sentence and the court reduced the jail term to two years, suspended for two years. He was also sentenced to 18 months supervision, on condition that he take treatment and counselling as directed by a probation officer.
The Court of Appeal said Dick had a major depressive episode when he twice digitally penetrated the victim and forced her to perform oral sex. Dick had a history of harming himself and the victim said she was more scared for Dick and what he might do to himself. He tried to cut his wrists during the incident in the early morning after his birthday last August.
Delivering the Court of Appeal's judgment, Justice Gault said Dick's illness affected his self-control and judgment. There was no suggestion he was still a risk to the public or was likely to do something similar again. A postitive outcome of what the court called "tragic events" was the proper identification and treatment of Dick's problems. "We do not see issues of public protection and deterrence as significant here," the court said. It said the jail term also needed changing because the sentencing judge in Invercargill had started his sentencing calculation at too high a level.