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escalating violence in our community
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Sexually violated an 18 year old Auckland youth by unlawful sexual connection (representative) in December 1994
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none known
Born 1960
unknown
Was only given an 18 month suspended sentence, 2 years supervision and 6 months periodic detention in October 1996
Successfully increased by the Solicitor-General to 2 years 9 months in prison on appeal
Background
From Evening Post story 8th March 1997
A man who videotaped himself sexually violating a youth in a drunken sleep has had his sentence increased on appeal.
The youth said he was sickened when 18 months later police showed him the video. The Solicitor-General asked the
Court of Appeal to change the 18- month suspended prison term imposed on Warwick Dawson Donaldson, 37, a
self-employed alarm installer, of Auckland.
As well as the suspended sentence, Donaldson was to have done six months periodic detention, two years supervision, and pay $10,000 for emotional harm to the victim. The three Court of Appeal judges said on Thursday that three years jail was appropriate. Two of the judges wanted three months deducted for the time Donaldson had spent doing periodic detention. Donaldson is to surrender himself to the High Court at Auckland by next Monday to start his jail sentence of two years nine months. Donaldson pleaded guilty to sexually violating the 18-year-old youth by having unlawful sexual connection with him in December 1994.
The charge was representative of a number of acts committed. The court said the victim was not sodomised but most other forms of sexual deviance were performed. Donaldson had no previous convictions and the treatment he began after his arrest was said to have a good chance of success. The video of Donaldson and the youth was among 50 tapes police seized from Donaldson's home during a search. The youth was identified and shown the video. He didn't remember the events but remembered having been with Donaldson that day and believed Donaldson had deliberately got him drunk. They had met through a common interest in Citizens Band radio.
The youth thought they got on well and felt deceived when he knew Donaldson continued their friendship while he still had the tape for viewing. The court said Donaldson's degree of blame was not necessarily reduced because the victim was asleep or unconscious. It might be more since Donaldson took advantage of a person who was helpless and unable to respond. The court said a sentence of four or five years would not have been too much, but on an appeal by the Solicitor-General the shortest possible sentence was imposed.